Many home buyers and home sellers are confused about what remains with a home or condo at the time of the sale.
“Real Estate”, also known as real property, is defined as immovable fixed property, principally land and buildings. That definition includes anything that is attached to the walls of a building. Those items are known as fixtures.
Anything that is not attached to the house is the sellers to take with them unless it is included in the offer or later negotiated into the purchase and sale agreement. That means the curtain rods that are attached to walls should stay, but the curtains do not have to stay. The TV mounts that are attached to the walls should also stay. If the TVs are easily removed from the mounts, they do not stay.
The final Purchase and Sale agreement determines what stays and what goes. And, in Eastern Massachusetts the Purchase and Sale is based on an executed Offer. Therefore, it is important to have a well written offer with all items negotiated at that time.
Unless otherwise negotiated, sellers will need to deliver the property in “broom clean condition, free and clear of all personal property and debris”. “Personal property” is anything that is not a permanently attached fixture such as furniture. That also means that sellers should not leave anything behind without the advance permission of the buyers including leftover building materials such as tiles, wood, and paint.
