Realtor® to Buyers and Sellers in Encino | Sherman Oaks | Studio City | Van Nuys | Tarzana
home fixtures

What Stays with the House and What Goes in Encino

home fixturesWhen you are selling your home in Encino, you should make a list of all the items that you are going to take with you.  This list should be given to your real estate agent and we suggest that it also is added to your property flyer that you leave in your home for prospective buyers to take with them after they tour your house. 

When you go into contract with a buyer you should list all the items that are excluded from the sale of your property. Remember that buyers can not read your mind. Also, things talked about verbally through interactions can be forgotten or misunderstood. Have everything in writing.

Fixtures Stay…

The rule of thumb we go by is that “fixtures” (ie. anything that is attached to the house) stays with the house when it is sold. But just the word, “attached” is left up to the interpretations of each person and what you consider NOT attached a buyer may consider attached. 

Make sure you read the MLS report that is submitted by your agent to see what is included. If there is something in the MLS report that you are taking with you but you or your agent is advertising you need to remove that from the MLS right away. You can also add your exclusions in the MLS so that there is further evidence in trying to be upfront about what is going and what is staying. 

One court in Washington D.C in 1982 ruled that, ” … when determining whether an article is a fixture, the court may consider three factors: 

  1. Actual annexation according to the nature and use of the article
  2. Its adaptation to the use for which it is annexed and
  3. The intention that it should a permanent accession to the realty. 

If you have a nice chandelier in your dining room and that is attached to a ceiling electrical box above the dining room table, you can take that chandelier with you so long as you replace it with a substitute. You also in this case have to make sure that you reinstall it safely with no loose wires and no damage to the ceiling. 

BUT it is SO much easier just to remove the chandelier before you put your home up for sale and do the substitution. We see so many arguments over lighting fixtures and it really is a stressful time when you are selling your house. It really is not worth the argument so why not eliminate the argument in the first place. 

Put it in Writing…

It won’t hurt to also provide exclusions on your inventory list. Remember that many times these things don’t even come up until you are in the middle of negotiations when tensions are high. We see offers go sour very quickly over misunderstandings about what is staying with the house and what is not.

Deliver this list up front before the buyer makes an offer so that you have nipped their ability to start playing hardball in the negotiations with you. We see so many times where buyers place an unreasonable value on items they want to stay that are not disclosed until negotiations. Don’t wait that long.

Ready to sell your home in Encino, Sherman Oaks, Studio City or elsewhere in the San Fernando Valley? Call Ben at (310)926-2386 or contact him through this website.

Click here to read the full article, originally published elsewhere.

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