WHAT STAYS AND WHAT GOES IN A PROPERTY SALE?

When a house is sold, determining what items are included in the sale and what items are not can be confusing.  Generally speaking, if something is attached to the house, it stays.  However, even this rule isn't flawless.  There are plenty of grey areas.  Sometimes a house seller will take whatever they want from a property when they move out, even if they don't have a legal right to the item.

One home seller removed every light globe in the property before moving out.  In another instance, the home seller came back to their old house the day after settlement and started picking the fruit of the trees in the front yard.  When the new home owner confronted the seller asking her what she was doing, the seller said the fruit was hers because "it grew there when she owned the house".

Problems can also occur when a buyer sees something in the property and then assumes that item will be included in the sale, even though it may not.  Situations like this can become real sticking points.

Light fittings, especially elaborate chandeliers, can often cause these sort of problems.  As can ornate mirrors, which actually hang like a painting so they are technically not attached to the house, but buyers can get upset when they move into a property and an ornate mirror is gone.

Dishwashers and pool equipment are also items which can potentially cause conflict.

There are two good ways to avoid this sort of confusion and ensure both the seller and the buyer are clear about what is included in the sale and what's not.

The first way is to specify all inclusions in the contract of sale.  This way, inclusions form part of the legally binding agreement and cannot be removed by the seller without recourse.  Adding inclusions to the contract also ensures the buyers are completely aware of what items will be in the property on the day they take possession.

The second way to avoid conflict is to remove any special items before the house is placed on the market, or replace items with similar ones.

For example, if a home seller has an antique chandelier in their lounge room, they should consider replacing the chandelier with an alternate light fitting.  This way if a buyer asks if all light fittings are included in the sale, the seller (or their real estate agent) can confidently say "yes".

So, if you're selling a property, think carefully about what you want to leave and what you want to take with you, and if you're a home buyer, make sure you ask what specific items are included in the sale.

If in doubt, refer to the contract and ask your legal representative to add the item to the list of inclusions (or exclusions) in the contract.

(Information courtesy Quartile Research)

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