The time for your move has come, finally. The contract was signed, the inspection completed, the repairs request negotiated, the repairs taken care of, the buyer's loan was approved and closing is next week. The process has gone well and you are excited about your move.

An issue that can create problems is the matter of the sellers personal belongings vs. fixtures in the home. The question is...Do I take it or leave it?

In general, PERSONAL PROPERTY are those things that are NOT ATTACHED and which you are expected to take with you when you move. REAL PROPERTY, which is land, trees and plantings, and the house (i.e., in general things that are not movable), and includes items that are attached to "real property" and which, normally, remain with the house for the buyer. If is not uncommon for issues to arise with regard to these items, since sometimes sellers want to take things that really should be left, or vice versa.

When you are establishing the listing contract, one matter that should be discussed is if there are any items that are to be excluded, such as that custom chandelier that you had made which will look great in your new home. I you want to take the washer and dryer then you need to communicate in the listing that these will not remain (appliances are often a point of contention between buyers and sellers, and protocol varies from area to area as to what normally stays - in some places it is common that sellers take the refrigerator, in others the opposite is true).

Any points of contention should be agreed on up front in writing with the contract. If you planned to take the washer and dryer but the buyer wants them, this should be agreed on. And if you agree to leave them, then you need to do so. Don't take something that was agreed to be left, or which rightful should stay with the property. Doing so is a discourtesy to the buyer and could cause you some legal problems. And I have heard of cases where the seller took items that they had agreed to leave, and the buyer refused to close unless the items were returned or replaced.

So what do you take or leave? Those things that are rightfully yours, as personal property, should go. And further, as a courtesy, make sure the house is in broom clean condition and the trash is all removed. Remember what it felt like it felt like to you when YOU were the buyer?