What Is The Difference Between Real Property, Personal Property, Fixtures, And Accessories?

When it comes to buying and selling a home in Houston, there is a lot of confusion on the difference between real property, personal property, fixtures, and accessories. Basically, this boils down to what you’re actually buying when you purchase a home—and what you can and can’t take with you when you sell a home. As you can imagine, this is something that it’s pretty important to learn before you set out on your next Houston real estate adventure, especially if you’re a first-time home buyer.

As licensed Realtors® specializing in helping people just like you buy and sell real estate in Houston, we here at Angel Fultz Realty make sure to go over these details with every client to ensure there are no nasty surprises after closing. When a seller removes something the buyer expected to get with the house, it can create significant tension and lead to resentment and maybe even legal proceedings. No one wants to arrive at their new home and be surprised to discover that the dishwasher is gone, for example! 

Related: What You Get at a Home-buying Seminar in Houston

What we’re really talking about here are the differences in legal definitions. Fortunately, once you know the difference between real property, personal property, fixtures, and accessories, you can make smart decisions about real estate. Here are the definitions for each:

Real property: For a single-family home, this refers to the house itself and anything connected to it, including the earth below and the air above.

Personal property: This is everything other than real property that can be owned. In real estate, personal property includes all items that can be removed without making changes to the physical structure of the house, including appliances. For example, refrigerators, washers, and dryers are recognized as personal property unless they are built into the wall or cabinetry and cannot be removed without physically changing the house. A microwave that sits on the counter and plugs into the wall is considered personal property and not part of any real estate transaction.

Fixtures: These are items considered part of the house and therefore part of the sale. Common examples of fixtures include lighting fixtures, ceiling fans, decorations, equipment, or appliances that are built in or attached to the house and are therefore considered part of the house. A microwave that is bolted to the wall above the stove is considered a fixture, and therefore bought or sold along with the house. 

Related: 4 Unexpected Things That Can Prevent You From Buying a Home in Houston

Accessories: These are also items that will be part of the sale. Accessories include things such as window air conditioning units, stoves, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, and even above-ground pools.

Improvements: This refers to permanent improvements made to buildings, structures, fixtures, and other capital improvements. Common examples include adding permanent buildings and other structures, or making an addition to an existing building. Renovating or repairing an existing structure would also be an improvement. 

What’s Actually Included in the Sale of a House?

Contracts commonly used in Texas real estate transactions state that the house, fixtures, improvements, and accessories are part of the sale. However, there can be exclusions built into these contracts! Sellers, if you want to exclude items from the sale—a foyer chandelier, for example—the contract includes a place for that. Buyers, you can request items that aren’t included in a typical contract stay behind, such as pool furniture or a refrigerator. 

Confused? You’re not alone! This is tricky stuff. Even some real estate agents are not completely sure which category everything fits into. The best way to figure out what will and won’t be included in a home sale is to work with an experienced, licensed Realtor® from Angel Fultz Realty! We have the expertise and know-how to make sure you know exactly what you’re getting or leaving behind when you buy or sell a home. We would love to work with you!

Have a question? Ask Angel! Contact us today for a free consultation on Houston real estate.