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Can I Keep It?

Is it included?

Is it included?

Furnished vs Turnkey
That seemingly simple question is asked in most every transaction, then the discussion starts, is it personal property or a fixture?  It generally boils down to the method of attachment.  If an item is bolted in and can reasonably be considered part of the home, it’s a fixture.  If you can pick an item up and carry it to the moving van parked out front, it’s personal property.  There are some gray areas, one recent exception is wall mounted TVs.  They  are now specifically excluded from fixtures, the mount that’s bolted to the wall, however, remains a point of debate and often, contention.  Because memories tend to fade, it’s best to address the issue up front & in writing. As a seller list items that are excluded as part of your listing agreement.  As a buyer, fill out one or both of the clauses on the CA Purchase Agreement with items included and items excluded. 
The bottom line; when in doubt, write it in.

The desert real estate market is unique in that many homes are sold furnished and the smallest item can send an otherwise solid transaction into a skid.  Typically the term furnished means furniture, excluding art & accessories.  The term Turn-key Furnished is generally interpreted to include Kitchen items such as dishes, glasses, cookware. Linens such as towels & bed sheets, Decorative pillows & bedding, Accessories & Rugs.  Art can go either way.  When selling your home and your selling it furnished, work with your real estate agent to develop an inventory – list all items included with the property. Save the heart-ache, do it  ahead of time and keep the inventory available at the house right next to the brochure – that way the buyer knows what is and what is not included before they make an offer. During escrow, both buyer & seller will sign and approve the inventory.

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