Understanding Fixtures in Real Estate

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It’s not too often when selling a house that you’re thinking about blinds, however at the same time for new agents and experienced agents who have gotten a little lackadaisical in their ways, it is sometimes unclear whether things like window blinds and other “fixtures” will be included in the sale. When one party expects them to remain and the other takes them, it can cause a few problems.

The definition of fixtures, while it should be universal, tends to be a bit blurred when it comes to things like window blinds and curtains. Sometimes it can even become a little blurry with things such as rose bushes, lighting fixtures, and more. The definition of fixtures in real estate in its most simple terms is this:

Anything which is permanently attached to the property.

Understandably, it’s arguable then if window blinds and curtains are actually permanently attached to the property. Afterall, they could be easily removed and taken down – though some may say the same about ceiling lights or rose bushes. Then you have cases of sellers doing the good old switcheroo – maybe they had custom ordered Hunter Douglas blinds, only to have put up cheap generic brand blinds the day before the closing.

There’s a simple way to protect both yourself and your clients. It’s relatively simple, yet so many agents forget how important it is until problems arise.

ALWAYS REMEMBER TO PUT ANY AND ALL INCLUSIONS AND EXCLUSIONS IN THE SALES AGREEMENT!

Make a checklist when you go through the house before making the contract of everything that should/could be written – window coverings, appliances, lighting fixtures, plants, etc. etc. It’s not the time to be generic or vague either – if possible use detailed descriptions including brand and other distinguishing features.

Have you ever had any problems with fixtures in real estate? Do you take extra precautions to be as detailed as possible in the purchase agreement? Share your thoughts in the comments below.