Question regarding personal property when selling...

I am already waiting for a call back from my attorney and my agent felt it was a legal question and really could go both ways.

I had exclusions in my listing. One thing I did forget to exclude was my master bath mirror. It is a mirror not a medicine cabinet.

So my question is, can I take down that mirror and just put up another one or leave it empty.

My agent felt that technically nothing attached to the home is personal property and I wouldn't even need to replace it if I didn't want to, BUT we didn't exclude it.

I really don't want to leave this mirror.

Re: Question regarding personal property when selling...

i think you can include it in your contract. I know when I bought my house, the sellers put in the contract that they wanted to take the lighting fixtures in the kitchen and in the den, and their mini refrigerator in the basement. They did replace the fixtures they took, with another fixture though. I think its fine as long as you put it in the contract and make sure you put something up in its place.

Re: Question regarding personal property when selling...

Are you in contract yet? or just listing?

If you're listed but not sold, you should just take it down and replace it with something.

It really is a pain in the neck to deal with otherwise.

Does it match the bathroom? ie bought with the vanity? or towel bars? if not, then I don't think the buyers would have a significant attachment to that one.

I'd say buy a mirror and replace, if you're pre-inspection replace it and see if they notice.

I left mine when I sold, mainly because it was bought with the vanity and linin tower, was same wood/color.

I'm not sure what people expect, but for the most part I guess I'd assume it comes with one. When I bought my next house they had a decent size miror that was left in the bath that was a hang on the wall one.

Re: Question regarding personal property when selling...

I would just swap it out, I can't see them going after you for a mirror...

Re: Question regarding personal property when selling...

Is it basically just a separate mirror hung on the wall with a hook/wall hanging thing? If so, then I think it's personal property and you have the right to take it (same way that you would take any artwork or personal decor that was hung on your bathroom walls).

If it is attached to a bathroom vanity, or if it were built-in to the wall like a medicine cabinet (e.g., it would leave a hole in the wall), then I would say it's a fixture that should have been listed as an exclusion if you planned to take it.

Re: Question regarding personal property when selling...

It's a pertinent to the house. Are you in contract? A standard Bloomberg contract (which is the majority of real estate contracts) has a provision that lists the pertinents to the house i.e. chandeliers, doors, fixtures, etc. Included in that is mirrors. What you are describing is essentially a vanity mirror, correct? You can not remove those items as the buyer made the offer to buy the house with the pertinent items included. If you remove the mirror, you run the risk of having the buyer throw a hissy fit and bust the deal at the walk through. Review your contract to see if it was removed. If you are not in contract, remove the provision. If you are in contract, speak with your lawyer who may be able to work out a deal beforehand. If not, just replace your mirror with the profits from the sale of the house.

Re: Question regarding personal property when selling...

Is it basically just a separate mirror hung on the wall with a hook/wall hanging thing? If so, then I think it's personal property and you have the right to take it (same way that you would take any artwork or personal decor that was hung on your bathroom walls).

If it is attached to a bathroom vanity, or if it were built-in to the wall like a medicine cabinet (e.g., it would leave a hole in the wall), then I would say it's a fixture that should have been listed as an exclusion if you planned to take it.


It is exactly hung like that. It is it not attached in any way and does not match anything.

It's a pertinent to the house. Are you in contract? A standard Bloomberg contract (which is the majority of real estate contracts) has a provision that lists the pertinents to the house i.e. chandeliers, doors, fixtures, etc. Included in that is mirrors. What you are describing is essentially a vanity mirror, correct? You can not remove those items as the buyer made the offer to buy the house with the pertinent items included. If you remove the mirror, you run the risk of having the buyer throw a hissy fit and bust the deal at the walk through. Review your contract to see if it was removed. If you are not in contract, remove the provision. If you are in contract, speak with your lawyer who may be able to work out a deal beforehand. If not, just replace your mirror with the profits from the sale of the house.

We are in contract and the buyers already had an inspection.

I don't know if it is a bloomberg form, it doesn't say it anywhere and we are in NJ. There is a section that states Items Included in Sale:
Gas and electric fixtures, cooking ranges and ovens, hot water heaters, linoleum, TV antenna, screens, storm sash, shades, blinds, awnings, radiator covers, heating apparatus and sump pump, if any, except where owned by tenants, are included in this sales. All of the appliances shall be in working order as of the closing title. This provision shall not survive closing of title. This means that the seller does not guarantee the condition of the appliances after the deed and affidavit of title have been delivered to the buyer at the closing.

So according to that it seems that I can take it or replace it with another mirror.

Re: Question regarding personal property when selling...

I would be upfront and have your attorney handle this. Frankly loosing a sale of a home is not worth a mirror. Can you replace it? Is it an antique? If it is a what would I do situation, I would tell the buyer that you want to take the mirror. I would offer them X $ as a credit and let them purchase their own mirror.