What Stays
When you are selling your home it’s imperative that you understand what conveys with the property at closing. The question I want to answer today is, What stays with a house when you sell it?
Most REALTORS® in Texas will use the One to Four Family Residential Contract which is promulgated by the Texas Real Estate Commission. Paragraph 2 of this contract describes what stays with a house when you sell it.
The word “PROPERTY” in the contract refers to the land, improvements and accessories. But what does that really mean?
IMPROVEMENTS
The contract goes on to specify:
“IMPROVEMENTS: the house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts and brackets for televisions and speakers, heating and air conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property.”
The key word is “attached.” If it is somehow attached to the property, it stays with the home. Unless otherwise specified in writing between the buyer and the seller.
ACCESSORIES
Next, the contract describes “ACCESSORIES” which are included in the sale: “Window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories.”
EXCLUSIONS
If the Seller wishes to retain any of the above items there is a paragraph for that called “EXCLUSIONS: The following improvements and accessories will be retained by the Seller and must be removed prior to delivery of possessions: ________”
Work With an Experienced Agent
Whether you are the buyer or the seller, is pays to work with a knowledgeable, experienced agent who can help you put together a contract that clearly states what you want.
