Posts Tagged ‘real estate law’

Do I have to give the buyer my furniture?

February 11, 2010

It is a good idea to begin this conversation with your agent before your property hits the market.  There are laws on the books about what is a fixture: “The California legislature has declared that a thing is affixed to the land when it is attached and imbedded into a wall permanently by means of cement, plaster, nails, bolts and screws is a fixture.  Also, it is affixed to the land so as to be regarded as a permanent part of it, such as a building, a tree or bridge, as well as anything that is similarly affixed to an already affixed object such as the doors of a building, or permanently installed cabinets, or built-in appliances”.   California Department of Real Estate Reference Guide.

So how does this affect you?  You may have a lovely chandelier in your dining room that was given to you by a family member and it holds strong sentimental value, the best advice is to remove it and put another one in its place.  Invariably the new buyer will want what you want.  You should have your agent insert the exclusion in your contract with your agent and in the MLS.  I have had buyers ask for flat screen TV’s, patio furniture (a lot of furniture), bar stools, furniture, fish in the coy pond.  Jokingly, some buyer’s upon first seeing the house may ask for the family pet or that fantastic car in driveway.   The most common requests are for the refrigerator, washer, dryer and stove, and sometimes fireplace equipment, which may match the fireplace screen. Some refrigerators and stoves are built-in, or built as part of the structure, and it would damage framing around these items to remove them.   I had one transaction in 22 years where the lender disallowed the transfer of the washer, dryer and ‘frig, and considered them personal property.  All we had to do was remove the items from the contract.  If there are a number of items, for instance, a house full of furniture, the lender may ask for it to be taken out of the contract as they lend on real estate and not personal property.  Some buyers offer to buy some of the seller’s personal items.

If you think about when you bought your home the thought of forking out more money after the closing may not figure into your budget.  You might be able to ask for them on a subsequent purchase.

For info on what your house in Los Angeles is worth or to search your new home go to my site DonnaBenton.com.

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