BIC TIP #1205: Should It Stay or Should It Go? Fixtures vs. Personal Property

Should it stay or should it go now? Stephen Long, The Notorious BIC, admits he is not a singer, but that tune plays in his head every time the topic of fixtures comes up. Knowing the difference between a fixture and personal property, and putting anything questionable in the contract, can save your clients from a moving-day showdown.

Bolted, Screwed, Glued, or Attached

Stephen’s rule of thumb: anything that is bolted, screwed, glued, or otherwise attached to the property in any capacity is generally considered a fixture. Fixtures convey with the property unless the contract says otherwise.

Conversely, items that can simply be picked up and carried away are typically personal property and go with the seller. Think furniture, rugs, and most freestanding items.

Read the Contract’s Lists

The Offer to Purchase and Contract already lists many items that are included with the sale and provides space for items that are excluded. Stephen encourages brokers to read those lists carefully, and to make sure clients go through them too.

Many disputes happen simply because nobody looked closely at what the form already says.

The Usual Suspects

Some items show up as problems again and again. Stephen points to garage door openers, pool equipment, and loose items that are not necessarily attached to the house but are expected to convey as part of the deal. Remotes, spare keys, pool cleaners, and similar items are easy to forget and easy to fight over.

If there is any question about whether something stays or goes, address it in writing. A mounted television, a backyard playset, a beloved light fixture the seller wants to take: all of these deserve a clear line in the contract.

The Practical Takeaway

Remember the golden rule: if it is not in the contract, it does not exist. Walk through the home with your client, review the contract’s included and excluded items, and add anything that needs clarifying. When the question is “should it stay or should it go,” make sure the answer is written down and enforceable.

This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.