Does the Fridge Come With The House

The purchase of real estate can get a bit muddy when it comes to which items convey with the sale and the personal property that the seller removes. Does the fridge come with the house is a really common buyer request! Other items a buyer may want to retain include the washer and dryer, flat screen TVs, window coverings, outdoor grills, light fixtures and porch swings. Some of these items often convey with the sale, but others are common exclusions.

Items that typically convey with the sale are fixtures, improvements and accessories. Fixtures and improvements are items that are permanently installed or built-in to the house. Examples would include: appliances, awnings, floors, light fixtures, landscaping, garage door openers and even wall mounts for flat screen televisions. Accessories are additions to the home that may not be permanently installed, but are key to the sale. Examples include: window coverings, above ground pools, pool equipment, and keys and remotes to doors and fixtures. The TREC One to Four Family Residential Contract stipulates in paragraphs 2B and 2C  items that are expected to convey with the house. All other items are exclusions unless offered or requested and negotiated in the contract. The seller also reserves the right to exclude any items from paragraphs 2B and 2C by disclosing them in paragraph 2D.

The refrigerator, washer and dryer are not built-in to the home or permanently installed; so, they classify as exclusions. Other exclusions that are common include the play set in the backyard or a freestanding grill (if they aren’t installed to stay.) This is where things get murky; even though the TREC contract outlines fixtures and accessories that are expected to stay, it really comes down to how is the item installed in the home. Is something permanent just because screws were used or does it need to be hard-wired? A television isn’t permanent because it isn’t attached to the wall, yet the mount is. That makes hardly any sense to the seller or the buyer – neither can use one item without the other. If a porch swing can be easily unscrewed from the awning, was it really permanently installed?

Sometimes even items advertised as being included in the sale can wind up not in the home when the buyer arrives to move in, and the seller may not be in breach of contract. Even when items are advertised as inclusions, it is critical that they are also included on the sales contract. Advertisements are not legally binding, unlike a contract. Additionally, if there are items in paragraphs 2B and 2C that are supposed to be included, but you’re not sure if they’re really “permanently attached” or “built-in”, make sure they’re noted in writing as additional inclusions. When there’s ever any question, it never hurts to do a little extra to protect yourself.

If you’re thinking about or ready to buy a home, contact me! We’ll discuss the process and start touring homes until we find the right fit for you!