What Do You Legally Have to Leave When Selling a House? A Seller Guide

What Do You Legally Have To Leave When Selling A House?

Selling a home often raises questions about what must stay with the house versus what sellers can take. Items like appliances, fixtures, and custom window treatments frequently come up in these discussions. Knowing what’s legally required to leave behind—and what can be negotiated—can simplify the sale process and avoid potential conflicts.

In this comprehensive guide, we’ll cover what sellers are legally required to leave, how to address commonly debated items, and what to consider when selling a house fully furnished. By understanding these essentials, you’ll be prepared for a smoother, more transparent transaction.

Understanding Fixtures vs. Personal Property

Before diving into the legal requirements, it’s essential to understand the difference between fixtures and personal property. These terms come up frequently in real estate contracts and help define what is automatically included in a sale.

What Are Fixtures?

Fixtures are items attached to the home in such a way that removing them would damage the property or require substantial effort. Common examples of fixtures include:

• Built-in kitchen appliances
• Attached lighting fixtures, like chandeliers
• Cabinets and shelving permanently installed
• Window treatments that are custom-made or mounted
• Central heating and cooling systems

Fixtures are generally considered part of the property and are therefore expected to stay unless otherwise agreed upon in the sales contract.

What Is Considered Personal Property?

Personal property includes items that are not permanently attached to the home. They can be easily removed and are typically excluded from the sale. Examples of personal property include:

• Freestanding appliances like refrigerators, washers, and dryers
• Furniture, such as sofas, tables, and beds
• Decorative items, like artwork and curtains
• Electronics, such as televisions and stereo systems

What You Must Legally Leave Behind When Selling a House

What appliances do you leave when selling a house? When selling your home, you’re usually required to leave behind all real estate fixtures. However, it’s wise to review these items in the sales agreement to ensure clarity with the buyer and prevent any misunderstandings.

Legal Obligations Vary by Region

While some items are universally considered fixtures, local laws or market expectations can influence what’s expected to stay in the home. For instance, some states may have specific laws about items like pool equipment or outdoor fixtures. Consult with a real estate attorney or professional to understand your region’s requirements.

Items You Are Generally Required to Leave

1. Built-In Appliances: Typically, ovens, stovetops, and microwaves that are built into cabinets are considered fixtures and must stay.
2. Lighting Fixtures: Most attached lighting, from ceiling lights to chandeliers, is expected to remain unless otherwise stated.
3. Window Treatments: Custom blinds, shutters, and other window treatments specifically sized for the space are often considered fixtures.
4. Bathroom Fixtures: Items like mirrors, medicine cabinets, and installed towel bars usually stay with the home.
5. Landscaping and Outdoor Features: Permanent items in the yard, such as fences, garden beds, and built-in fire pits, typically transfer to the buyer.

What Happens If You Remove Fixtures Without Notice?

Removing fixtures without informing the buyer is generally against the terms of a standard real estate contract and may lead to disputes. In some cases, the buyer can request compensation or replacement for any removed fixture they expected to remain.

Common Fixtures and Appliances That Usually Stay

Some fixtures fall into a gray area for many sellers and buyers, especially if they are freestanding or easily movable. Here are some commonly debated items and the general expectations for each:

Fixtures
Kitchen Appliances	Built-in appliances like ovens or stovetops are typically fixtures, while standalone refrigerators, microwaves, and dishwashers might be negotiable.
Washing Machines and Dryers	These freestanding appliances are often considered personal property and can be taken, but they’re sometimes left if the buyer requests them.
Mounted TVs and Wall Brackets	In many cases, the TV itself is considered personal property, but the wall bracket may be seen as a fixture that should stay.
Air Conditioning Units	Central AC units remain with the home, while portable or window units are often removed unless specifically agreed to remain.

What You Can Take With You When Selling

Sellers are generally allowed to take any item that’s considered personal property rather than a fixture. However, if there’s any doubt, it’s best to communicate openly with the buyer and specify items in the sales contract.

Examples of Personal Property You Can Take

1. Furniture and Decor: Most items used for staging, such as couches, tables, and lamps, are not part of the sale unless negotiated.
2. Freestanding Appliances: While items like washing machines, dryers, and refrigerators are often negotiable, they’re typically seen as personal property.
3. Removable Outdoor Items: Outdoor decor, such as lawn ornaments or patio furniture, can usually be taken with you unless otherwise specified.
4. Window Treatments: Basic curtains and drapes, if not custom-made, are typically considered personal property.

Can You Leave Items Behind When You Sell?

If you’re wondering, “Can you leave stuff behind when you sell your house?”, the answer is usually yes, as long as the buyer consents. Without permission, it’s best to avoid leaving items, as buyers may view leftover belongings as an inconvenience.

Items You Might Leave With Buyer Approval

1. Furniture: Large pieces of furniture can be left with the buyer’s permission, particularly if they fit the space well or are difficult to move.
2. Appliances: Some buyers appreciate having extra appliances, such as a second refrigerator, if they’re in good condition.
3. Garden Equipment and Tools: Lawn mowers, shovels, and other tools can be useful for the new homeowner, but only leave them with consent.
4. Leftover Paint or Materials: Extra paint cans or replacement tiles can be left if the buyer agrees.

Leaving items without explicit agreement may violate the sales contract, so it’s essential to confirm any leftover belongings with the buyer beforehand.

Selling a House Fully Furnished

If you’re asking, “Can you sell a house with everything in it?”, the answer is yes! Selling a home fully furnished can be appealing, especially for buyers looking for turnkey properties, vacation homes, or rental investments.

How to Prepare for a Fully Furnished Sale

1. Inventory the Items: Make a detailed list of all furnishings and belongings included in the sale. This prevents misunderstandings and helps both parties understand what’s being sold.
2. Evaluate Value and Pricing: Furnished homes can sometimes command a higher price, but this depends on the quality, condition, and appeal of the furnishings. It’s best to work with your agent to understand how much value your furnishings add.
3. Negotiating Personal Items: Some buyers may want you to remove specific pieces or will ask to include only select items. Be open to compromise.
4. Provide Disclosures for Warranties: If certain furnishings, like appliances, are still under warranty, make sure the buyer is aware so they can transfer any applicable coverage.

Selling a fully furnished home can be a unique selling point, but it requires careful planning and clear terms to ensure a smooth process.

How to List Items in the Sales Agreement

The sales agreement is the best place to clarify what will stay or be removed during the sale. This document protects both you and the buyer by listing included and excluded items.

1. Inventory of Included Items: Specify each fixture, appliance, or furnishing that will remain in the home.
2. List of Exclusions: If you’re removing items that the buyer might expect to stay, list them here. This may include family heirlooms, custom light fixtures, or standalone appliances.
3. Clear Language: Use clear, detailed language to avoid misunderstandings, as assumptions about what stays and goes can vary widely.

A thorough sales agreement can be invaluable if any disputes arise about missing or removed items after closing.

Conclusion

Knowing what you legally need to leave behind when selling a home—and how to manage these items with the buyer—can simplify the sale process and prevent conflicts. Fixtures such as built-in appliances, custom window treatments, and installed lighting are generally expected to remain, but clarity is essential for every item in question.

By being transparent and addressing any potential issues in the sales agreement, you can ensure a smooth transaction. Whether you’re leaving select items, selling fully furnished, or removing personal belongings, having a clear, documented understanding with the buyer is the best approach.

Need help navigating the specifics of what to leave behind when selling your house? Contact us today to discuss your unique needs and ensure a successful, hassle-free sale.

Frequently Asked Questions

What items must sellers legally leave in a home sale?

• Typically, sellers must leave any fixtures—items that are permanently attached to the property—such as built-in kitchen appliances, cabinetry, and lighting fixtures. These components are usually considered integral to the home and transfer with it upon sale. Freestanding personal belongings do not have to remain unless explicitly agreed upon by both the seller and buyer.

Are kitchen appliances supposed to stay in the house after selling?

• Built-in appliances like stovetops and wall ovens are generally expected to stay because they’re considered part of the home. Freestanding appliances, such as refrigerators or microwaves, are typically regarded as personal property and may be taken by the seller, unless the buyer and seller agree otherwise.

What are the consequences if I remove something that was supposed to stay?

• Removing a fixture, which a buyer assumed would remain, could lead to complications and potentially legal issues. The buyer might request compensation or a replacement for missing items that were expected to stay. To prevent misunderstandings, it’s crucial to clearly outline in the contract what items will remain with the property and what will be removed.

Can window treatments be removed when selling a home?

• Permanent window treatments, like blinds and shutters, are generally expected to stay since they are classified as fixtures. However, curtains are usually personal items that sellers can take. It’s courteous to clarify their inclusion in the sale, especially if they’re custom-fitted to the home, to avoid any confusion.

What about landscaping and outdoor features—should those be left behind?

• Permanent landscaping features, like trees, in-ground plants, and fixed installations such as cemented basketball hoops, are generally expected to stay with the property. Portable items, like potted plants or patio furniture, do not need to stay unless agreed upon by both the seller and buyer.

Is it necessary to leave appliance manuals, warranties, and remotes?

• Although not legally required, it’s a considerate gesture and often helpful for the new homeowner if manuals, warranties, and remote controls for appliances or home systems are left behind. These items assist the new owners in understanding how to use and maintain the features included in the sale.

Is it possible to sell a house with all furniture and belongings included?

• Yes, selling a fully furnished home is an option but requires clear agreement with the buyer. Listing all included items in the sales contract ensures both parties understand what is part of the transaction, reducing the chance of misunderstandings.