What stays, goes with a house sale can be confusing

by Mary Ellen Slayter, Washington Post
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/01/REGMJQOKF11.DTL

This is a good article about what stays with the property and what does not when it is sold.

Item 9 of the Contract for the Sale and Purchase of Real Property copyright San Francisco Association of Realtors (the contract used for making an offer on property in San Francisco, CA) states:

"Fixtures: All fixtures and fittings attached to the Property and major appliances for which custom openings or encasements have been made are included, free of liens, in the Purchase Price, including electrical, lighting, plumbing and heating fixtures, hardware, solar systems, screens, awnings, shutters, window coverings, drapes, curtains, and related hardware, attached floor coverings, television antennas/satellite dishes and related equipment, water softening systems, air coolers or conditioners, pool and spa equipment, mailbox, garage door openers and transmitters, security systems, private telephone systems, trees, shrubs and outdoor plants planted in the ground, and items permanently attached to the Property, except for:_________________"

But in practice, it is best to actually write in anything you want that you are unsure of in item 10, Personal Property.

Item 10 states: (For Residential Property) Note to Buyer: Personal Property items listed in the marketing materials are not included in the sale unless specified here. The following personal property on the Property at the date of Acceptance is included in the sale, free of liens and without warranty of condition:______________________"

Even though items such as curtains, built in microwaves, etc. are included under item 9, it is best to list them in item 10 to avoid any confusion or problems down the road.

So if you love that original light fixture in the living room or those silk curtains in the bedroom, make sure you list them in item 10, even though they are included under item 9 and save yourself the disappointment and hassle later when you walk into your new home for the first time!