Who Gets the Appliances?
Q:
If we buy a house is the owner obligated to clean up the place and leave behind things such as the washer and dryer or the microwave?
A:
Rules and customs vary, but in general a saleagreement is likely to talk about the obligation of the seller to leave the property “broom clean.” This means the owners have removed all personal items and trash but left behind such items as keys and garage-door openers.
A second obligation is to leave the property in substantially the same condition as it was on the day the contract was signed. In other words, the buyer has a right to expect that the property will not be damaged prior to closing. This is one of the major reasons for a pre-closing inspection of the property.
In some areas it’s the custom for the washer and dryer to remain with the property while in others it is not. If you want the washer and dryer be sure to clear up any potential conflicts and list them in the sale agreement as items that specifically will remain with the property.
As to microwave ovens, the answer will vary. If the microwave is built into a cabinet it’s generally regarded as a fixture and not personal property. A “fixture” can be seen as something physically attached to the property and therefore intended to remain with the home while personal property leaves with the seller. Thus a carpet would stay while a rug would go.
But, suppose the microwave is just sitting on a kitchen counter. In that case you have personal property because it’s not physically attached to the property (the cord can be pulled) and not intended to be part of the home.
There can be real debates regarding what stays or does not stay after a sale. The best approach is to see what the proposed sale agreement says and to then specifically list any items you want to keep. Such language effectively defines what is or is not a fixture and thus what stays and goes.
While it’s important to get the sale agreement right with the help of a broker or attorney, as is appropriate in your jurisdiction, there is still another complication with this question:
Sometimes buyers and sellers – being human – just want to work things out. For instance, if you’re on good terms with the owner perhaps the nice barbecue and patio furniture will be left behind and not sold in a yard sale. Or, rather than just broom clean, maybe the owner will carefully clean out cabinets and appliances.
Sometimes being cordial and friendly pays – and besides, maybe the owner didn’t really want to have a yard sale or lug that barbecue 1,200 miles.
What's your real estate question? Email Peter Miller to get some answers at peter@ctwfeatures.com