What is Real Estate?  What is Personal Property? 

There is probably no other issue that causes as many conflicts between buyer and seller, than problems caused by confusion over personal property versus real estate.   Or, in layman’s terms, what stays and what goes with the sale.

Legally, real estate is defined as the land and anything attached to it.  Personal property is defined as everything else.  As a general rule of thumb, if something is attached to the property, and removing it would leave a hole, it should be considered real estate, and assumed to be a part of the sale. 

For example:

The windows in your home are assumed to be a part of the real estate, while the shades, blinds and drapes are probably personal property.  Kitchen counter-tops and built-in appliances are real estate, but a slide in range or refrigerator, which can be removed by unplugging, is considered personal property.

Other items usually considered to be real estate and a part of the sale are: Basketball goals, if they are attached to the house or are permanently cemented in place; outdoor lighting, structures and landscaping; garage door openers and the controls; storage buildings; shelving; mirrors that are screwed into the wall;  lighting fixtures, ceiling fans and chandeliers; installed carpeting and floor coverings;

Tip:  Remove ALL “real estate” that you want to exclude from the sale, before you show or list your home.  In other words, if your magnificent, crystal, dining chandelier is going with you to your new home, replace the fixture with a new one before you show.   If your kids insist on keeping the fort in the backyard, remove it now, to avoid a fight later.

The first thing you should do before deciding what goes or stays is to carefully read the sales contract.   It is to everyone’s advantage to clearly understand what is included in the purchase agreement.  Specifically, note the paragraph that includes items assumed to be real property.   Then, edit the list, excluding any  items that will not be transferred, if they are still on the premises.  And, add to the list, any personal property you wish to include (such as a riding mower or the blinds and drapes) as a part of the sale. 

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