You’ve had an offer for your property, and you’re keen to move through the negotiation process to get the signature on the dotted line and the money in the bank. However, it is worth bearing in mind, it’s generally considered a property is sold ‘in the state it’s found’.

This means legally there are some things you have to leave behind. If you do want to take some of these items with you, they need to be clarified, and be stated in the contract of sale.

So, what can you take with you, and what legally needs to stay behind?

Fixtures and fittings

Fixtures and fittings are usually defined as something that can’t be easily taken away without causing damage to the property, and unless otherwise stated, are automatically included in a sale. As a rule of thumb, if you can imagine turning your house upside down, any item which doesn’t move is considered a fixture and fitting and must stay.

For example, let’s look in the kitchen. Fixtures generally include ovens and range tops, sinks, cupboards and work tops.

Other examples of fixtures and fittings include:

• fixed floor coverings
• fixed window coverings
• curtain rods
• all wired-in light fittings
• ceiling fans
• fixed towel rails
• wired-in air conditioning and security systems
• smoke detectors
• wall or ceiling-mounted brackets for televisions and speakers
• built-in bookshelves, cupboards and benches
• plumbed-in garden sprinkler systems
• pool and spa heating and filtration systems (but not unattached equipment).

Chattels

A chattel refers to something which is easily moveable and, therefore, not permanent. These are items which you can take with you.

Taking our example of the kitchen again, unless it is an integrated kitchen and these items can simply be unplugged, fridges, freezers and microwaves are considered chattels. Other items considered chattels include:

• washing machines
• clothes driers (if wall-mounted, brackets must remain)
• moveable furniture
• outdoor furniture and garden art, unless secured to the ground
• potted plants.

Grey areas

There are always grey areas when it comes to fixtures and fittings and chattels. If there is something which some may consider as a fixture, for instance, large garden plants, light fittings, and plumbed in fountains, these should be detailed as an exclusion in the contract of sale.

Alternatively, you can remove it from your property before you list it for sale.

In some cases, what you want to leave behind can work in your favour in the negotiation process; in our experience, some items, such as large cumbersome garage workbenches, cubby houses or large potted plants can work in the sellers favour the negotiation process.

Pre-empt the problem

We always suggest when preparing a house for sale, you really think about what you want to take with you; if there is a particular fixture or fitting you want to take with you, like the ornate chandelier, or plumbed in fountain, let us know. For instance, we can then try to exclude these in the marketing photos, or make it clear from the very start to potential buyers, these items are going.

We always aim to make your sale as smooth as possible, and we’re constantly getting great results for our customers. If you have any queries about selling your house, or would like a free, no obligation quote, give us a call on 02 4954 8833. Or send us an email to: mail@apnewcastle.com.au – we’d love to hear from you.

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