What Must Stay When Selling a House? A Guide to Fixtures vs. Personal Property

When selling a house, you are legally obligated to leave all fixtures—items permanently attached to the property. The definitive guide for what stays and what goes is your purchase agreement, which overrides all assumptions. This article clarifies these obligations to ensure a smooth transaction and avoid last-minute disputes.

What is the Legal Definition of a Fixture?

A fixture is any item that is permanently attached to or integrated with the real property. The legal principle of "annexation" means that once an item is affixed, it is generally considered part of the home and must be conveyed to the new owner unless explicitly excluded in the contract. Understanding this distinction is the first step in preparing your home for sale.

Key tests for a fixture include:

• Method of Attachment: Is it bolted, nailed, cemented, or wired in?
• Adaptability: Is the item specially adapted to the property (e.g., a custom-cut storm door)?
• Intent: Did the homeowner intend for the item to be permanent? This is often interpreted through the lens of what a typical buyer would expect to be included.

What Items Are You Legally Required to Leave Behind?

Based on the standard definition of a fixture, the following items must typically remain with the home. If you wish to take any of these, you must state so clearly in the listing and purchase agreement.

1. Built-In and Integrated Appliances A common question is, "What appliances do you leave when selling a house?" The answer centers on integration. Built-in appliances like wall ovens, cooktops, dishwashers, and built-in microwaves are considered fixtures because they are part of the cabinetry and connected to plumbing or electrical systems. A freestanding refrigerator, however, is usually personal property unless the contract states otherwise.

2. Attached Structures and Hardware Any structure permanently attached to the land or home must stay. This includes:

• Decks and patios
• Pergolas anchored to the ground
• Sheds on concrete foundations
• Carports Similarly, hardware that is part of the home's infrastructure, such as cabinet knobs, doorknobs, and built-in shelving units, is expected to remain.

3. Electrically or Physically Affixed Items Items that are hardwired or bolted down are almost always fixtures. This category includes:

• Light fixtures: Chandeliers, ceiling fans, and sconces.
• Window treatments: Blinds, shades, and their mounting hardware.
• Mirrors: Bathroom vanity mirrors glued or bolted to the wall.
• Mounting hardware: Brackets for wall-mounted TVs or floating shelves (the TV itself is personal property).

4. Landscaping and Outdoor Elements Landscaping that is part of the yard is considered a fixture. This includes trees, shrubs, perennial plants, and hardscaping like stone pathways, retaining walls, and permanently installed outdoor lighting. If you plan to take a specific plant, it should be removed before listing photos are taken and excluded in the contract.

What Can You Typically Take With You?

Personal property encompasses all items that are not permanently affixed to the home. You are generally free to take these unless you have negotiated their inclusion with the buyer.

• Furniture: Beds, sofas, tables, and chairs.
• Freestanding Appliances: Washers, dryers, and non-built-in refrigerators.
• Electronics: Televisions (not the wall bracket), computers, and stereos.
• Personal Belongings: Clothing, art, rugs, and kitchenware.

Gray areas, like curtains, depend on local custom. The curtains themselves are often personal property, but the rods are fixtures. To avoid confusion, remove desired curtains before showings or specify their exclusion in writing.

How Does the Purchase Agreement Finalize Everything?

The purchase agreement is the final authority. It can stipulate that a freestanding appliance must stay or that a specific light fixture can be removed. Always review this document meticulously with your real estate agent. Verbal agreements are not enforceable; only what is written in the contract matters.

Before closing, sellers must also provide disclosures about the property's condition. If you are taking something a buyer might reasonably expect, such as a smart thermostat, it should be noted in the disclosures to maintain transparency.

Practical Advice for a Smooth Closing

To ensure a successful handover, follow these steps based on our experience assessment:

1. Review the Contract Early: Don't wait until moving day. Understand your obligations as soon as the purchase agreement is signed.
2. Communicate with Your Agent: Local customs may vary. In some regions, leaving a refrigerator is customary. Your agent can advise on local expectations.
3. Prepare the Home for Final Walk-Through: Buyers will expect the home to be in "broom clean" condition—free of debris and trash, with all personal property and agreed-upon fixtures removed.
4. Leave Behind Useful Items: While not required, leaving manuals for appliances, spare paint cans, garage door openers, and keys can create goodwill and a positive closing experience.

The most critical action is to document every exception in the purchase agreement. This simple step prevents the vast majority of disputes over what stays and what goes when selling your house.