To Leave Or Not To Leave?

Fixtures versus Personal Property:

This post has been on my mind for a few months now and a recent court decision from Atlanta, GA solidifies the need to make the homeowner aware.

The response comes after a Buyer sued the Seller over the removal of a flat paneled television that was mounted to the wall using a mounting bracket. Before closing the Seller removed the television and left the bracket claiming the television was personal property. A Georgia court said that the television, once mounted or ‘affixed’ to the wall constituted a fixture and therefore was included in the sale because it was not specifically excluded in the sale of the home.

The morale: Like with all fixtures in the home remove it/them before you list the home for sale or specifically exclude it in the Listing Agreement, the MLS Listing and the Seller’s Property Disclosure.

Common Non-Fixture Items include:

• Refrigerators (Although many kitchens now have appliance suites the refrigerator, for some, is personal.)
• Potted Plants (Yep, if you have a prize winning plant in a pot, inside or out, it goes with the Seller.)
• Garden Statuary, Bird Baths and Bird Feeders, and Decorative Urns

Items that Always Seem to Cause Problems at Closing:

• Washer and Dryer (I thought they were just going to leave them because they fit so nicely in the space.)
• Window Coverings (Not just drapes, blinds, plantation shutters, etc. etc. etc.)
• Light Fixtures (If it looks like it matches the furniture, appliances, the seller’s hair color, check to see if it stays.)
• Chandeliers (Fancy word for expensive light fixture, think vase versus vase (pronounced vaaz).)
• Large Mirrors (Whether they are antiques or not some mirrors look as if they belong to the house not the sellers.)
• Fireplace Accoutrements (Fireplace tools, spark guards, bumpers, fenders, iron, baskets, benches, bellows, covers, inserts, etc.)
• Light Bulbs (No joke. Okay, it only happened once, but the sellers can exclude them and with new 20+ year LED light bulbs this may be more fact than fiction in the future.)
• Fancy Stuff (If it looks fancy or expensive make sure it stays and question “built ins” that could be freestanding.)

Personally, I believe a wall mounted television is a fixture and think all sellers and buyers should start treating them as such and including that in their offering price for the home.  By the way, a good real estate agent will already know this stuff and look out for you.  The more experience creates the ever more watchful eye to purchasing conflicts.