If you have ever read a real estate purchase contract in the Northern Utah area, there are some very specific details outlined such as price, contingencies, repairs, etc.
One thing that may be overlooked, however, is what exactly transfers with the home.
The house, grounds and items permanently affixed to the property are generally known as “real property” and automatically transfer with the property. In other words, a bathroom vanity/cabinet should definitely be part of the house you are purchasing.
However, other items such as light fixtures, mirrors, shelving, and appliances are not necessarily guaranteed to stay with the house once the seller moves out. Many buyers enter their new home after closing to find the mirrors removed from the master bath or that great chandelier that once hung in the dining room missing.
The fact is that these items are considered personal property and not necessarily affixed to the property or included in the purchase. For many buyers this can be frustrating because we generally think of the stove as being “affixed”; but according to the laws in most states it’s not.
When listing a home in the Northern Utah area, sellers should consider removing any items that will not remain with the house before buyers even start walking through the home. This alleviates any confusion of what stays or doesn’t stay – or if the buyers can’t live without that pool table. Common items that fall by the wayside are appliances, window coverings, shelving, bathroom fixtures, light fixtures, etc. This is especially true in a home that is still being occupied by the seller up to closing. Buyers should never assume that something other than the walls, flooring, roof and cabinetry are included in the sale of the home.
Be sure that as part of your contract you clearly define exactly what items you expect to stay with the property. Both sellers and buyers should have a very clear, absolute understanding of what stays and what goes.