If you’re in the process of selling your home, or are looking for one to purchase, it’s important to understand what stays with the house and what doesn’t, and how to ensure the rules are followed. Here are 3 things to know about home fixtures:
1. The general rule is that fixtures, or things attached to the home, are part of the house. Items that are freestanding, or not attached to the house, are personal property. “A digital doorbell, for example, is attached to the house and is usually considered a fixture,” explained attorney Adam Diamond with Diamond Real Estate Law. “The seller should disconnect their account associated with the doorbell before they move so the buyer can activate their own account.” If the seller wants to take the doorbell when they move, they should replace it with a standard bell before listing the house or make sure they have a written agreement with the Buyer.
2. Sellers should clarify if certain unattached items will stay with the house. “Some sellers think that leaving a pool table in the basement or a hot tub on the back porch is a wonderful housewarming gift for the buyer,” added Diamond. “Unfortunately, some buyers see these as unwanted items they have to pay someone to remove. This can create problems at the closing table, with the attorneys trying to work out a reasonable compromise.”
3. The way to avoid any misunderstandings regarding what stays with the house is to specify everything in the sale contract. “We always double check the personal property paragraph of the contract to verify that everything listed is exactly what is supposed to stay with the property,” said Diamond. “Sometimes the client will want to add a custom provision stating they will take the doorbell or other items.”
The legal team at Diamond Real Estate Law is ready to help with your next real estate deal in McHenry or Lake County. For more information, visit https://youtu.be/L5kHsHHRydU or contact:
Adam Diamond, J.D.
Diamond Real Estate Law
(a division of Diamond Legal P.C.)
Phone: 815-476-8661
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