What Stays With the House When We Sell, and What Can We Take?

What stays with the house when we sell in Orange County, and what can we take? The answer starts with one idea: is it attached?

I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When a family is moving up to a bigger home, questions about the chandelier or the backyard swing set come up early, and it's much easier to sort them out before you list.

California Civil Code 660 says a thing is treated as attached to land when it's attached by roots, like trees and shrubs, embedded in it, resting permanently on it, like buildings, or permanently attached to those things by cement, plaster, nails, bolts or screws.

The California Department of Real Estate (DRE) reference book explains that, subject to specific exclusions in the contract, the buyer is entitled to all fixtures, and the buyer gets only the personal property listed in the contract.

The DRE reference book gives these examples of fixtures:

• Electrical, lighting, plumbing and heating fixtures
• Fireplace inserts
• Solar systems
• Built-in appliances
• Window coverings
• TV antennas
• Air conditioners
• In-ground landscaping

Look closely at anything screwed, bolted or built in.

Movable items are generally personal property: furniture, freestanding items, rugs and decor. The DRE reference book notes that large outside potted plants are ordinarily not fixtures.

Some items fall in a gray area, like a wall-mounted TV, a refrigerator that isn't built in, or a backyard play structure. Don't guess. Decide what you plan to take, and put it in writing. Buyers can also ask for personal property, like the washer and dryer, in their offer.

If there's a light fixture, a mirror or a mounted item you want to bring to the new house, you have two clean options:

1. Swap it before you list. Replace it with something you're happy to leave. Then buyers never see the item you're keeping, and there's nothing to negotiate.
2. Exclude it in writing. The DRE reference book advises that the listing should specifically spell out items the seller is including or excluding, and that it's best to point them out when there's any doubt.

Taking an attached item after the contract is signed, without a written exclusion, can create a dispute late in escrow. A short list now saves stress later.

Yes, a few. California Health and Safety Code 19211 requires the seller to certify in writing that the water heater is braced, anchored or strapped. Health and Safety Code 13113.8 requires a written statement about smoke alarms when a home is sold. The DRE reference book lists a standard form for these, the Water Heater and Smoke Detector Compliance Statement.

Also keep in mind:

• Solar. The DRE book lists solar systems as fixtures, and notes the seller typically represents that items being transferred are owned free and clear of liens. If your system is leased or financed, talk with the solar company early about what the buyer would take over. See what should I know before buying a home with solar panels.
• Anything you promised. If the contract says it stays, it stays, and it should be in the same condition.

When your family is selling and buying at the same time, a clear list of what's staying makes packing and the final walkthrough easier. Make the list as you sort rooms, and share it before the home goes on the market. For timing both moves, see how do we time selling our home and buying a bigger one with kids in school and how do we get our home ready to sell with young kids at home.

This is general information, not legal advice. If an item's status is unclear, ask a real estate attorney.

If your family is getting ready to move up, I'd love to help you plan the sale, including what stays and what goes. Call or text me at 714.366.8575 | DRE: 01397168, or contact me.