Maybe.
That 52-inch flat screen TV might come with the home.
The question really is, “What is considered to be part of the home - like a door - and what is considered to be part of the personal property of the seller - like a chair - which is not part of the home being purchased?”
An old rule of thumb that kinda works says that if the item is attached to the home (for example, with a nail or a screw) then the item is more likely to be consider to be part of the house.
So a picture hanging on a wall is the personal property of the seller (it’s hanging on a nail but it’s not nailed to the wall) but a 52-inch flat screen TV bolted to the wall is part of the home. If that same TV, however, were sitting on a piece of furniture, it would be considered to be the seller’s personal property just like the furniture.
Refrigerator, Washer and Dryer
The refrigerator, clothes washer and dryer (if still in the house) are considered to be the seller’s personal property and will NOT convey with the home unless the contract specifically states that those items are indeed included in the sale. If you want the refrigerator, washer and dryer, be sure and include them in your offer (although the seller may not agree to include them).
On the other hand, that 52-inch wall-mounted TV is likely considered to be part of the house and would likely convey with the house unless the contract (to which the buyer and seller previously agreed) specifically stated that it is not included in the sale.
Items Considered to be Part of the Home
Here are a list of items that ARE included in the sale of a home (unless the contract specifically states otherwise).
- Free-standing range/oven
- Built-in appliances
- Light fixtures
- Ceiling fans
- Towel, curtain and drapery rods
- Draperies and other window coverings
This list applies to those using the “Residential Resale Real Estate Purchase Contract” from the Arizona Association of Realtors. A longer list of example items is included within this “Purchase Contract” form.
Feel free to call me if you have any questions about what does and doesn’t convey with the property, it can get real tricky.
If you are a client of mine, feel free to call me if you would like to get a sample copy of the “Purchase Contract” so you can see the full list of the items that come with the home.
I want to be your Realtor!
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JanS 03.26.09 at 2:54 pm
…52-inch wall-mounted TV is likely considered to be part of the house and would likely convey with the house…
Never heard of a TV conveying with a house (unless under separate contract), even a wall-mounted one. I wouldn’t think TV’s are implied as say a stove or ceiling fans are. Wouldn’t the TV be the same as a wall-mounted picture, clock, artwork, etc. (personal property)? Just curious.
John Wake 03.29.09 at 7:08 pm
JanS,
TVs were never an issue until people start attaching TVs to walls. A wall-mounted TV is more like a drapery (attached to the home) than to the chairs that just happen to be placed inside the home.
It is confusing and has been responsible for a lot of acrimonious disputes between home buyers and sellers.
When you think there may be some doubt (always with wall mounted TVs), it’s smart to lay it out in the contract specifically that the wall-mounted TV is (or isn’t) included in the sale.
John
B 03.30.09 at 12:20 pm
I would always assume the TV is NOT included unless specified in the listing. The fact that it is bolted to the wall is because it is heavy. You can’t just hang it on a nail or screw like a picture. Sellers may consider including the TV if it is requested in an offer though…as a bargaining tool.
Interesting topic!
John Wake 03.30.09 at 1:16 pm
The “Residential Resale Real Estate Purchase Contract” from the Arizona Association of Realtors is pretty clear that “attached TV” is included in the sale of a home (Line 36).
Is a rug considered part of the home? No.
How about carpeting? Yes.
What’s the difference?
The difference is that carpeting is “attached” to the home and therefore is usually considered to be part of the home.
This is an interesting topic but it’s also super important. A buyer and seller can end up at each others throats over such misunderstandings.
Lenny 03.30.09 at 5:08 pm
If you go with the argument that a picture is hung from a hook that is nailed into the wall, then the 52 inch flat screen is hung on a bracket that is bolted in to the wall. Therefore, they could have the bracket, but I am taking my TV.
John Wake 03.30.09 at 8:51 pm
Lenny, forget the nailed, screwed and bolted to the wall story.
The contract form mentioned above is pretty explicit, TVs that are “attached” to the wall are included in the sale unless stated otherwise in the contract.
Feel free to argue with the buyer about whether your wall mounted TV is “attached” to the wall or not, but I’m afraid you would likely lose that argument.
But there is no reason for this to become a problem when you sell your home.
If you want to keep the wall mounted TV when you sell, the best solution is to take the TV off the wall before you put the home on the market.
The second best solution is to be sure, be very sure, to put in a counter offer that the wall mounted TV is not included in the sale. The buyer, however, may want the TV and may not agree to remove it from the sale, thus opening a can of worms.
That’s why the best solution, if you really want to keep the wall mounted TV, is to remove it from the wall before putting the home on the market.
By the way, just stating in the MLS that the wall mounted TV is not included in the sale won’t cut it. It has to be in the written contract.
John Wake 03.30.09 at 9:15 pm
Lenny, I just read your comment again.
You are right that if the TV is hung like a picture, it would NOT likely be considered to be attached to the wall. I’ve never see a TV hung that way so I didn’t quite understand the comment at first.
If however, in your example, the bracket is bolted to the wall and the TV is bolted to the bracket, then the TV would likely be considered to be
attached to the wall and would convey with the home.
Solo 03.31.09 at 10:19 am
If the TV is part of the home, is this going to change the value of the house? What will be the price if the TV is taken down?
John Wake 03.31.09 at 3:59 pm
A wall mounted TV affects the desirability of the home, but I don’t think a TV has a impact on the price of a $150,000 home.
A seller client of mine has a home in escrow that has a TV mounted from the ceiling of the patio. The agreed upon price for the home was okay so he didn’t mind leaving the TV, especially since the buyers really liked the current TV set up on the patio.
If, however, the offer had been significantly lower than the comps, the seller would have likely tried to “counter out” the TV, that is, remove the TV from the sale in a counter offer.
That is, I think the TV made the home a tad bit more attractive to the buyers but I don’t think it affected their offer price.
Kyle Pearson 04.02.09 at 9:30 am
If the TV is not attached to the house (maybe on a stand of some sort) but the seller has verbally agreed to let the TV go with the sale of the home, is it important to include the TV in an addendum or somewhere in the purchase contract to ensure that you get it?
John Wake 04.02.09 at 11:53 am
Kyle, It’s best of course to get it in writing. You should specifically include in the contract all personal property (a few pieces of furniture would be the most common scenario) that is included in the sale.
If the home is already under contract and you don’t want to go to the trouble of an addendum, it would be good to get something in writing otherwise you are more likely to have some unfortunate misunderstandings. It’s amazing how seeing something in writing clarifies everyone’s intentions.
A note from the seller, even written in long hand, would be useful in preventing misunderstandings. Even an exchange of emails between your Realtor and the seller’s Realtor about the TV could also clarify everyone’s intentions and avoid misunderstandings. The best scenario, however, is to have any personal property items included in the contract.
(Now if the home is sold furnished, it can get tricky. In that case, you probably want the furniture to be sold on a separate bill of sale… but that is a whole ‘nother can of worms.)
Ned Carey 04.06.09 at 9:42 pm
Wow as someone commented on you post about your stats hitting 500,000, you have unique content here. Most people would think washer and dryer would stay as it is common for appliances to transfer but few would expect a TV to transfer.
It just goes to show how important it is to read and understand the contract you are signing.
alex 12.10.09 at 5:57 pm
I do not understand how draperies become part of a home and expected in the sale. Draperies hang on a rod, like art hangs on a nail. What if there are blinds and draperies were hung for decoration?
John Wake 12.10.09 at 8:39 pm
alex, to avoid any confusion on how the draperies are hung (whether they are afixed to the wall or not), the Arizona Association of Realtors purchase contract form says the draperies are included in the sale of the home. If you don’t want the draperies to convey with the home, you want to make sure that language is added to the purchase contract that excludes the draperies from being included in the sale of the home.