Saturday, March 22, 2008

Personal Property vs. Real Property

When you negotiate a contract, make sure you know what furniture, fixtures and appliances, if any, are being sold with the property. Technically, anything that’s permanently affixed to or installed in the home is real property. Everything else is the sellers’ personal property. This definition leaves a gray area that can lead to disputes between a buyer and a seller. When The HBH Group lists your property for sale, we will work with you to be very specific in what is included and excluded from the sale. If we are working with you as a buyer, we will also make sure that everything is spelled out clearly and you AND the seller know what you are purchasing contractually.

We always ask our sellers what permanent fixtures they intend to remove and remind them to spell it out clearly in the required disclosure forms. We will help you define what built-in appliances are real or personal property. What about a shelving system? A chandelier? Window coverings? If the buyer wants furniture or other nonpermanent items as a part of the deal, we will work with you to spell out these details in the contract to minimize dispute and problems that can result.

Ask us to go over the standard contracts with you before you receive or make a purchase offer. That way, you’ll know what to expect and be prepared to negotiate the best deal you can get. This offer also goes for FSBO's. If you need our assistance, please call us for a no obligation visit to assist you in being as safe as possible in selling your home.

1 comment:

Anonymous said...

Thanks for pointing this issue out Steve. My wife and I sold our home a few months ago and we were never told that curtains would have to stay with the home and ours were handmade heirlooms from my wife's great grandmother. This caused quite a problem for us later when we tried to take them with us before closing. We had to end up paying the buyer for new curtains to resolve the situation. This is truly an important issue for a seller to be very informed about! - anonymous