Fixtures & Chattels in a Real Estate Agreement

A written real estate agreement is the logical next step, once you have accepted a buyer's offer. One of the points to be cleared up is what stays with the property and what goes, which brings up the distinction between fixtures and chattels.

Defining Fixtures and Chattels

A "fixture" generally refers to anything that is screwed, glued, nailed, bolted or otherwise attached to the property. Fixtures are deemed to go with the house unless expressly excluded.

"Chattels" are all other items not affixed to the house, and the general rule is that they are not included in the purchase price unless the real estate agreement specifically provides so. Chattels include items such as fridges, stoves, washing machines, etc.

You and the buyer should understand the distinction between fixtures and chattels, but if you're unsure simply enumerate all the items that you expect to be included and/or excluded as part of the deal, regardless of what class they fall into.

As you can imagine, relying on the distinction between chattels and fixtures leaves much room for argument. What about the basketball net, or the fountain in the backyard? What about a built-in dishwasher? Who gets the hoses and attachments for the central vacuum system?

When it comes to windows, the common wisdom seems to be that curtains are not included, but the rods are - which may or may not make sense. That's why it is important to be specific when you prepare a real estate agreement.

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