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Spinoff of personal property post: What does stay?
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AScottWolf
I <3 our squish!
Member since 11/10 2237 total posts
Name:
Adriana
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Spinoff of personal property post: What does stay?
Aside from what's in the listing (i.e., main kitchen fridge, and appliances) are there items in the home that are known to typically stay with the home?
I guess I'm specifically talking about fan's, mirrors (not vanity), and staircase carpet.
We've already been told that the window treatments and their extra fridge in the basement would stay.
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Posted 3/1/12 2:04 PM  |
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Prudential Douglas Elliman Real Estate
Long Island's Largest Bridal Resource | Long Island Weddings |
ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: Spinoff of personal property post: What does stay?
Basically anything nailed down stays, or at least that's what we were told. Everything you mentioned plus light fixtures unless specifically put into the contract that they are going with the seller.
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| Posted 3/1/12 2:18 PM |
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Re: Spinoff of personal property post: What does stay?
When in doubt, ask, but a good rule of thumb is to think about whether you could pick it up and move the item without detaching it from anything and without leaving a giant hole in a wall. Also, ask whether it is essential to the function of the house (e.g., a hot water heater, a stove, a toilet).
Some examples:
A floor or table lamp is the personal property of the seller, but a chandelier or ceiling fan that is attached to the ceiling is a fixture that stays.
A freestanding bookcase is personal property (it's basically a piece of furniture) and would go with the seller, but buit-in bookshelves would stay.
An area rug would go, wall-to-wall carpet would stay.
Kitchen cabinets and countertops stay, but a rolling island (not fixed to anything) or a baker's rack or something of that nature would be personal property that would go.
Curtain rods screwed into the wall stay, window treatments go (but a lot of times they are custom and the sellers offer to leave them, which is the case with you).
A wall unit AC would stay, but units placed in the windows would go.
In NY, the appliances typically stay, although sometimes people will exclude them. A house may have brand new washer and dryer, but the listing may say 0 for washer and 0 for dryer because the people are taking them.
Even if something falls into the personal property category, you can always ask for it --- everything is negotiable. I've had sellers throw in pool tables, patio furniture, etc., because the buyers liked them and they had no use/space for them in their new space.
And definitely check your contract. I recently was covering a final walk through for a colleague, and her customers asked where all of the window AC units were. The listing agent was explaining that they are the seller's personal property, but the buyers insisted it was in the contract that the 4 AC window units were to stay. We checked, and sure enough, the contract did specify that they stay. So the sellers had to bring them back prior to closing!
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| Posted 3/1/12 4:40 PM |
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MrsS6510
2 girls?!?!?
Member since 9/10 3318 total posts
Name:
L
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Re: Spinoff of personal property post: What does stay?
For us it was basically whatever the owners felt like leaving  But for the most part, all of the window treatments (all verticals) stayed, as well as the ceiling fans, and two bar chairs at the breakfast bar. They also left an old tv unit in the basement. Oh and a Swiffer 
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| Posted 3/1/12 5:17 PM |
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Sparrow
LIF Adult
Member since 11/10 6826 total posts
Name:
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Re: Spinoff of personal property post: What does stay?
Posted by Century 21 Dallow - Christine Braun
Some examples:
A floor or table lamp is the personal property of the seller, but a chandelier or ceiling fan that is attached to the ceiling is a fixture that stays.
Don't always count on that! Our seller took the chandelier and left us a $5 fixture.
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| Posted 3/2/12 1:59 PM |
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Re: Spinoff of personal property post: What does stay?
Posted by Sparrow
Posted by Century 21 Dallow - Christine Braun
Some examples:
A floor or table lamp is the personal property of the seller, but a chandelier or ceiling fan that is attached to the ceiling is a fixture that stays.
Don't always count on that! Our seller took the chandelier and left us a $5 fixture.
If the chandelier wasn't specifically excluded (on the listing and, more importantly, in the contract), you could have asked for a credit at closing. If a seller is going to take something that would typically stay with the house, like a light fixture, they can exclude it from the sale and replace it with a cheap fixture. But if it wasn't excluded, and you saw it was gone at your final walk through, I would have advised you to tell your attorney (and then he or she could have worked out a credit for you). Of course, that's assuming you cared/felt the existing chandelier had value. Arguably, you could have considered the chandelier when coming to terms on price.
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| Posted 3/2/12 2:15 PM |
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Sparrow
LIF Adult
Member since 11/10 6826 total posts
Name:
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Re: Spinoff of personal property post: What does stay?
Posted by Century 21 Dallow - Christine Braun
Posted by Sparrow
Posted by Century 21 Dallow - Christine Braun
Some examples:
A floor or table lamp is the personal property of the seller, but a chandelier or ceiling fan that is attached to the ceiling is a fixture that stays.
Don't always count on that! Our seller took the chandelier and left us a $5 fixture.
If the chandelier wasn't specifically excluded (on the listing and, more importantly, in the contract), you could have asked for a credit at closing. If a seller is going to take something that would typically stay with the house, like a light fixture, they can exclude it from the sale and replace it with a cheap fixture. But if it wasn't excluded, and you saw it was gone at your final walk through, I would have advised you to tell your attorney (and then he or she could have worked out a credit for you). Of course, that's assuming you cared/felt the existing chandelier had value. Arguably, you could have considered the chandelier when coming to terms on price.
The chandelier was out at the walk-through and was discussed in the contract. It was annoying though. I never realized people would take such items but I guess anything can be 'written in'.
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| Posted 3/2/12 2:27 PM |
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