What Stays With The House When You Purchase Your First Home?

The rule typically states that all “fixtures” stay within a house when you go to purchase your first home and all personal items are removed. But, what exactly is a fixture? A fixture is anything attached to the home, which is anything that is bolted, cemented, glued, or by other means to the property.

 

Let me give you a few examples of what a fixture would constitute as:

 

 

Now, fixtures are not always black and white, there are often some gray areas. This is why I always advise my clients when preparing for a home sale to be completely transparent and upfront about what stays and what goes.

 

Here are examples of some of the items that typically lead to disputes:

 

 

I recommend that all of these items are in writing (especially including the gray area items) prior to the final walkthrough, so that there are no disputes. It is always better to ask than to assume that an item is included.

 

You can also use the acronym “MARIA” to help you determine whether something is a fixture or not.

 

“M” stands for the “method of attachment.” You will want to look at how the item is attached to the home. Items that are screwed, glued or permanently affixed to the property are fixtures.

 

“A” is for “adaptability.” This fixture test refers to whether an item has become an intrinsic part of the property, even if it is easily removed. We will use a pool cover as an example. Although you could easily pack up a pool cover and bring it with you when moving, it’s intended to cover the pool at that house and is therefore integral to that piece of real property.

 

“R” is for the “relationship of the parties.” If everything else fails and a judgment call must be made, who is who in the dispute can make a difference. In a seller versus buyer disputes, buyers will tend to have the upper hand when it comes to fixtures. This is because it’s generally assumed that if a seller installs something in their home or makes some sort of alteration, their intent is for it to be a permanent addition to the property. Now, when it comes to tenants versus landlord fixture disputes, where it can be assumed that the tenant had the intention of taking any fixtures they installed themselves with them when they moved out.

 

“I” stands for “intention.” The reason, or intent behind installing the fixture is important. If the item is not necessarily “attached” to the home but the homeowner intended to build it into the home as a permanent fixture, it might count as one if both the home buyer and seller acknowledge it as such.

 

“A,” finally, is for “agreement.” The best way to know for sure what stays and what goes will be referred to in the purchase contract. So, when in doubt, your purchase agreement is going to be your best guide to what is and isn’t included in the sale.

 

Examples of Non-Fixtures:

 

 

No matter how much you or the next person understands what a fixture is, it is very important to write out everything that stays and everything that should go when you purchase a house. It is especially important to point out any items that may be of question or lead to a dispute. Your real estate agent should always serve as a guide to you when items may be in question.