Items of the Contract

Dated: October 5 2023

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Items that Convey in the Sale of a Property

“It's just like that old saying, Is your refrigerator running?"

 Refrigerator Note Stock Vector Illustration and Royalty Free Refrigerator  Note Clipart

PHOTO CREDIT: BRETT GIZA

Before you can close on a contract of sale in the state of FL, a buyer will perform a walk through of the property. Then it’s time to sign! However, it is so important for a seller to leave the property with necessary items on site for the buyers.

Items that must remain on the property are typically anything that is attached to the property. There’s a saying that realtors use… “if you tip the house upside down, anything that doesn’t fall must stay”. But, there are grey areas to this as well.

Top 7 Upside-Down Houses Around the World

So, what stays with the sale of a property?

·      Ceiling Fan Vector Design Images, Ceiling Fan Vinyl Ready Graphics, Cool,  Fans, Object PNG Image For Free DownloadCeiling Fans

      Any ceiling fans or anything bolted to the ceilings stay, unless otherwise stated in the contract. This would also include any vents, wench systems in a garage, or other ceiling attachments.

·      Light Fixtures

   All Light Fixtures that are attached to the house must stay. If there is a room that has a lamp as its only light source, the seller is not obligated to leave it there. If the seller decides they want to keep a light fixture for their new home, then a replacement light fixture must be install before listing an AS IS home. 

·        Hardware 

      Hardware attached to any cabinets, doors, sinks, etc must remain with the sale of a house. This includes hinges, knobs, door handles, hooks, shelves and handles. 

·       Above Ground Pools

      Although a pool with technically fall if we tipped the property upside down, it IS included in the sale of a property. This can actually benefit a seller by listing the property as a "pool home" and increasing the value of the sale price. Typically the value of selling it with an above ground pool is greater than what it would cost to replace a new above ground pool at your new home anyway.

·      Silhouette Fire Pit On Three Legs Stock Illustration - Download Image Now - Fire  Pit, Icon, Vector - iStockAnything built in or cemented to the ground This can be a very big grey area. For example if you own a firepit that can be moved around, it does not convey with the sale of a property. However if the firepit has been built in to a more permanent place in the patio or yard, then it is usually considered a tangible item that is apart of the contract. Playgrounds or swing sets are also considered items that must stay on site when selling your house. Even a trampoline can be up for consideration when it comes to the contract. 

·       Landscaping

      Although for some, the timeless hours of nuturing and caring for your plants and yard can make us feel like we want to take our "green babies" with us when we move, if it is not in a pot that is moveable the it cannot go with you when you leave. All trees, shrubs, flowers, even herb and vegetable gardens must stay with the sale of the home. If there is anything you cannot part with, I would suggest potting it and ensure it is written on the contract that it is not included in the sale.

·     Stove Clip Art at Clker.com - vector clip art online, royalty free & public  domain  Appliances

    Don't run off with that Fridge! LOL Certain applianes MUST remain in the house and are included the sale. A refridgerator is one of them, even a second fridge in the garage can be considered included. Some mortgage lenders require a working stove and oven. It is best to specify which appliances you are requesting to be excluded from your sale up front in a contract to avoid any delays at closing.

·      4,200+ Smart Tv Illustrations, Royalty-Free Vector Graphics & Clip Art -  iStock | Watching tv, Television, Smart homeAnything Bolted to Walls

      Mirrors, TVs, sconces, shelving... anything that is truly bolted or nailed to a wall, typically is expected to stay. If it is hung by a nail and easily removable, then it is considered personal property.

 

Be sure to include any exceptions to these items on your contract to ensure all parties agree before closing. Some of these items can be negotiated when submitting or accepting an offer. I discuss this with my clients ahead of time, so we can avoid any hiccups. 

I'm happy to answer any questions you may have about the sale of your home, just give me a ring. 

Photo credits: Vector Stock.com iStock.com, pngtree.com, Clker.com

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CINDY RHOTON

Cindy Rhoton has been a proud resident of Melbourne Beach for over 26 years. Born and raised in Miami, she is a Florida native and earned her Bachelor of Science in Psychology from the University of C....

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