Fixture vs Personal Property – What Stays and What Goes

Posted by Janis Penick on Sunday, December 22nd, 2019 at 9:15pm.

Buying a homeWhen you are buying a new Bastrop house, you will need to understand the difference in fixtures and personal property. A fixture is part of the house and will stay with the house when you sell it. Personal property will not stay with the home and the seller of the home should take all personal property with them. The most common fixtures in a home are built-in appliances but also frequently include window treatments, blinds and pool equipment. When you are looking at houses, how do you know what will be yours if you buy the house and what will go with the current owners of the home? Here are three questions to ask yourself to help you determine if it will stay or go? 

1. Is the item permanently attached to the house? Dishwashers and stoves are normally attached to the property in some way unlike a refrigerator, washer and dryer that are most frequently just plugged in. Consider window treatments. Blinds are most likely attached to the house as are some window treatments. However, a curtain rod may be attached while the curtain itself is just hanging from the rod meaning the curtain rod would stay but the curtain would not. Ceiling fans, light fixtures and built-in shelving are generally fixtures. Landscaping and fencing will also generally be expected to stay. 

2. Is it a furnishing instead of a fixture? Common furnishings are furniture, electronics, rugs, potted plants and flowers  and grills. These items are most often not attached to the house in any way and can just be picked up and moved to a new location. If the home has an outdoor kitchen, look at how things are affixed. A grill that is sitting on the patio is different than a grill that is built in to an outdoor kitchen or installed in the ground and attached to natural gas. 

3. What is the seller’s intent? Don’t be afraid to ask questions. Some home furnishings may be negotiable or due to the seller’s circumstances they may be willing to leave something. Did they have something custom made to fit in the house or curtains that coordinate with the wallpaper in the living room? If items really make the house and are unique enough that they aren’t likely to work in other properties, they may be willing to leave them. Another option is to request some personal property as part of your offer to purchase or offer to buy it from them. If you are buying your first house and don’t have everything you need or just really like the way the home is furnished, this is an option that may help you get settled in your new home faster. 

Knowing what stays and what goes can be a tough question but it is something your agent will be able to help you answer.

The Janis Penick Team

RE/MAX Bastrop Area
Serving Bastrop, Cedar Creek and Smithville
janis@janispenick.com

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