You can avoid fixtures and personal property disputes when you find out what stays with the property and what goes with the seller. Don’t make any assumptions! Don’t rely strictly on the definitions of real property vs. personal property. To avoid disappointment and a dispute, know what property conveys with the sale and put that into writing in your contract! Some disputes arise out of the information contained in the Multiple Listing Service (“MLS”) and/or other marketing materials. The following contract clauses may help to avoid and/or reduce the likelihood of any misunderstanding. It’s adapted from the California Association of REALTORS (“CAR”)
NOTICE TO BUYERS AND SELLERS: Items listed as included or excluded in the multiple listing service, flyers, and/or any other marketing materials ARE NOT INCLUDED in the purchase price or EXCLUDED from this sale unless specified in the Residential Purchase Agreement.
Consider adding: The following items are INCLUDED in this sale: __________________________________. The following items are items EXCLUDED from the sale: __________________________.
Encourage your association’s forms committee to make sure you have a clause similar to this in your Residential Purchase Agreement.