What you can and can’t take with you when selling your home
Selling your home involves more than just finding a buyer and signing papers; it also requires understanding what you can and can't take with you once the sale is finalized. This guide will help you navigate the often-confusing distinctions between fixtures and chattels, ensuring a smooth transition and avoiding any potential legal disputes.
Understanding Fixtures and Chattels
Fixtures are items that are physically attached to the property and are considered part of the real estate. They are generally expected to stay with the home unless specifically excluded in the sale contract. Examples include:
- Stoves
- Built-in dishwashers
- Ceiling fans
- Plumbed-in systems like garden sprinklers and pool heating
- Wired-in light fittings
- Smoke detectors
Chattels, on the other hand, are movable items that are not permanently attached to the property and can be taken by the seller. Examples include:
- Fridges
- Freezers
- Microwaves
- Washing machines
- Clothes dryers
- Potted plants
- Outdoor furniture (if not secured to the ground)
A simple way to distinguish between the two is the "turn-the-house-upside-down" test: if it falls out, it’s a chattel; if it stays put, it’s a fixture.
Deciding What to Take Before Listing
Before listing your home, decide what you want to take with you. Discuss these items with your real estate agent to ensure clarity and avoid disputes. It’s advisable to remove any fixtures you plan to keep before photographing the property for marketing purposes, as photos can be used as evidence if there's a disagreement.
Common Disputes and How to Avoid Them
Disagreements often arise over items in the grey area between fixtures and chattels. For instance:
- Dishwashers: If it’s built-in, it’s generally a fixture. Specify in the contract whether it will stay or go.
- Curtains and Blinds: While blinds (fixed) usually stay, curtains may be taken if not specified in the contract.
- Light fittings: Custom or valuable light fittings should be noted in the contract if you plan to take them.
To prevent disputes, clearly list any exclusions (items you will take) or inclusions (items you will leave) in the sale contract.
Boosting Your Bargaining Power
Sometimes, offering items that fit well with the house can enhance your bargaining position. This might include:
- Custom-made curtains
- Large, fitted rugs
- Specific appliances like a large refrigerator that suits the kitchen space
These items can be used as a negotiating tool or sold separately to the buyer.
Items You Typically Can't Take
When selling your home, the following items are generally expected to remain with the property:
- Fixed floor coverings (carpet, hardwood flooring)
- Curtain rods and fixed window coverings (blinds)
- Built-in bookshelves and benches
- Wall-mounted TV and speaker brackets
- Plumbed-in fountains and irrigation systems
- Pool and spa filtration systems
Items You Typically Can Take
Conversely, these items are usually taken by the seller:
- Portable appliances (fridges, freezers, microwaves)
- Washers and dryers (if not built-in)
- Loose outdoor furniture and garden ornaments
- Potted plants (unless they are secured in the ground)
Legal and Practical Considerations
According to legal experts, any item that can be removed without damaging the property is generally considered a chattel and can be taken by the seller. However, ambiguity can lead to disputes, so clarity in the contract is crucial. If in doubt, list the item in the sale contract.
Kristy Fletcher of LEAD Conveyancing advises: "If it’s physically attached to the building, it’s expected to stay. For any item you wish to take, either remove it before listing or explicitly exclude it in the contract."
Elizabeth Espinosa, Commissioner of the Land and Environment Court of NSW, also emphasizes the importance of detailing any exclusions in the contract: "Where anything is in doubt, it should be expressly included in the contract for sale."
By understanding these guidelines and clearly communicating your intentions through the sale contract, you can ensure a smoother transition and avoid potential legal conflicts.
