What Stays and What Goes When You Buy a House: Complete Legal Guide

Discover what appliances, fixtures, and items stay with a house when you buy. Complete legal guide to fixtures vs. personal property, negotiation strategies, and how to avoid closing day disputes.

The Fixtures vs. Personal Property Battle: Protecting Your Purchase

Imagine this scenario: You close on your dream home. The elegant chandelier in the dining room, the custom window treatments throughout, and the high-end refrigerator were all part of the home’s appeal when you made your offer. Move-in day arrives, and you discover the chandelier replaced with a $40 basic fixture, the window treatments gone, and the refrigerator vanished—leaving only an empty space and electrical outlet.

Welcome to one of real estate’s most contentious battlegrounds: the fixtures versus personal property dispute. These conflicts erupt in approximately 10-15% of home sales, often escalating into expensive legal battles, delayed closings, or bitter compromises that leave buyers feeling cheated and sellers feeling wrongly accused.

The financial stakes are significant. A single disputed chandelier might represent $3,000 in replacement costs. Missing custom window treatments throughout a home could cost $5,000-8,000. High-end appliances that disappear between contract and closing can total $10,000-15,000. Multiply these across multiple items, and closing day surprises easily escalate into $20,000-30,000 losses for unprepared buyers.

These disputes stem from fundamental misunderstandings about real estate law. Sellers genuinely believe personal items they installed belong to them. Buyers reasonably assume everything visible during showings conveys with the home. Both parties operate from honest but incorrect assumptions about ownership—creating conflicts nobody anticipated.

This comprehensive guide eliminates the ambiguity. You’ll learn the precise legal definitions separating fixtures from personal property, understand the tests courts use to resolve disputes, discover which items commonly cause conflicts, and master the contract language that protects your interests whether you’re buying or selling.

Legal Framework: Fixtures vs. Personal Property

The Foundation: How Law Defines Fixtures

Fixtures (convey with property): Items originally personal property that have become so permanently attached to real estate that they’re legally considered part of the property itself.

Personal property (belongs to owner): Items that remain independent of the real estate, can be removed without damage, and retain their character as moveable possessions.

The critical distinction: Once personal property becomes a fixture, it transfers with the property in a sale unless specifically excluded in the purchase contract. Fixtures don’t belong to the seller anymore—they belong to the property itself.

The MARIA Test: Five-Factor Legal Analysis

Courts use the MARIA test (also called the “five-factor test”) to determine whether disputed items are fixtures or personal property:

M – Method of Attachment

Question: How permanently is the item attached to the property?

Analysis factors:

Can it be removed without tools? (Likely personal property)
Does removal require screwdrivers, wrenches, or power tools? (Likely fixture)
Will removal damage the property? (Strong fixture indicator)
Are there permanent connections (plumbing, electrical, gas)? (Fixture)

Examples:

Chandelier requiring electrical disconnection and patching ceiling: Fixture
Picture frame hanging on nail: Personal property
Built-in microwave hardwired into cabinet: Fixture
Countertop microwave plugged into outlet: Personal property

A – Adaptability

Question: Has the item been customized or adapted specifically for this property?

Analysis factors:

Was it custom-built or sized for specific spaces?
Does it fit only this property’s unique dimensions?
Were modifications made to the property to accommodate it?

Examples:

Custom window treatments made to exact window dimensions: Fixture (adapted to property)
Standard-size curtains purchasable anywhere: Personal property (not adapted)
Built-in entertainment center designed for specific wall space: Fixture
Freestanding bookshelf fitting in corner: Personal property

R – Relationship of Parties

Question: In disputes between buyer and seller, who should prevail?

Legal principle: Courts generally favor buyers in ambiguous situations. The buyer’s reasonable expectations matter—if the item was present during all showings and not explicitly excluded, courts often rule it’s a fixture.

I – Intention of the Party

Question: When installed, did the installer intend permanent installation or temporary placement?

Analysis factors:

Was professional installation involved? (Suggests permanence)
Are there warranties tied to installation? (Suggests permanence)
How long has it been installed? (Years suggests permanence)
Was installation done by homeowner or prior owner? (Permanence intended)

Examples:

Chandelier professionally installed by electrician 5 years ago: Fixture (permanent intent)
Shelving unit brought from previous home and placed against wall: Personal property (temporary)

A – Agreement Between Parties

Question: What does the purchase contract explicitly state?

Legal supremacy: Agreement between parties supersedes all other factors. If the contract explicitly includes or excludes specific items, that contractual language governs regardless of other test factors.

This is why contract specificity is absolutely critical.

Standard Fixtures: What Always Stays

Items Definitively Considered Fixtures

Built-in appliances and systems:

Built-in ovens, microwaves, and cooktops (hardwired or permanently installed)
Dishwashers (plumbed and secured under counters)
Range hoods and exhaust fans (ducted and hardwired)
Garbage disposals (plumbed and hardwired)
Central vacuum systems (permanently installed)
Water softeners and filtration systems (plumbed into main water supply)
Sump pumps (permanently installed in sump pits)

Lighting fixtures:

Chandeliers, ceiling lights, and pendant fixtures
Recessed lighting (can lights)
Sconces (wall-mounted lights)
Track lighting systems
Landscape and exterior lighting fixtures
Under-cabinet lighting (hardwired)

HVAC and mechanical systems:

Furnaces, boilers, and heating systems
Air conditioning units (both central and mini-split systems)
Thermostats and control systems
Ductwork and venting systems
Water heaters (tank or tankless)
Whole-house humidifiers/dehumidifiers

Structural and architectural elements:

Built-in cabinets and shelving
Kitchen and bathroom cabinetry
Closet organizers (permanently installed)
Built-in desks and bookshelves
Crown molding, baseboards, and trim
Stair railings and banisters
Mantels and fireplace surrounds
Built-in benches or window seats

Plumbing fixtures:

Toilets, sinks, and faucets
Bathtubs and showers
Shower doors and enclosures
Bathroom vanities
Bidets
Utility sinks

Window and door fixtures:

Permanently installed blinds and shades
Plantation shutters
Security bars or grilles
Storm doors and windows
Garage doors and openers
Screen doors

Outdoor and landscaping fixtures:

In-ground pools and spas
Pergolas, gazebos, and permanent structures
Attached decks and patios
Built-in grills and outdoor kitchens
Irrigation systems (sprinklers, drip lines)
Landscaping (trees, shrubs, planted gardens)
Mailboxes attached to structures
Security cameras hardwired to the property
Satellite dishes permanently mounted

Gray Area Items: Common Disputes

Appliances: The Most Confusing Category

Refrigerators:

Legal status: Personal property (can be unplugged and removed without damage)

Market customs: Vary dramatically by region. Some areas (Midwest, South) customarily include refrigerators. Other regions (Northeast, West Coast) often exclude them.

Practical approach: Never assume. Explicitly state refrigerator inclusion or exclusion in purchase contract.

Built-in refrigerators: If permanently installed in cabinetry requiring cabinet modification for removal, these become fixtures and should convey.

Wine refrigerators: Same analysis as standard refrigerators—freestanding units are personal property, built-in units are fixtures.

Stoves and ranges:

Freestanding ranges: Personal property (gas line can be capped, electric can be unplugged)

Built-in cooktops and ovens: Fixtures (permanently installed in cabinetry or countertops)

Reality check: Even freestanding ranges are customarily included in most areas. Explicitly address in contract to avoid disputes.

Washers and dryers:

Legal status: Almost always personal property (easily unplugged and removed)

Market customs: Vary by property type. Single-family homes often exclude washers/dryers. Condos and townhomes sometimes include them. High-end homes frequently include luxury appliance packages.

Critical distinction: Stacked or built-in laundry centers become fixtures if removal requires cabinet modification.

Window Treatments: Case-by-Case Analysis

Fixtures (generally included):

Permanently installed blinds (screwed into window frames)
Plantation shutters (permanently mounted)
Woven wood shades (mounted and cordless)
Cellular shades (permanent mounting hardware)
Motorized window treatments (hardwired systems)

Personal property (generally excluded):

Curtains and drapes (slide on/off rods)
Valances (easily removable decorative pieces)
Portable blackout shades
Tension rod window coverings

Ambiguous items requiring contract specification:

Custom window treatments matching bedding or furniture (seller may want these for sentimental reasons despite technical fixture status)
Expensive designer window treatments costing thousands
Window treatments in formal dining rooms or master suites where seller has coordinated décor

Best practice: Photograph all window treatments during home tours. Explicitly list valuable or custom treatments in contract inclusions to avoid disputes.

Outdoor Items and Structures

In-ground vs. above-ground pools:

In-ground pools: Always fixtures (permanently part of property, removing destroys value)

Above-ground pools: Personal property if they can be disassembled without property damage (small pools with simple assembly)

Semi-permanent above-ground pools: Fixtures if they’re large, partially sunken, have permanent decking, or require excavation to remove

Hot tubs and spas:

Portable hot tubs: Personal property (can be drained, disconnected, moved)

Built-in spas: Fixtures (permanently constructed as part of deck, patio, or landscaping)

Hardwired hot tubs: Fixtures (electrical installation creates permanence)

Landscaping and live plants:

Installed landscaping: Fixtures (trees, shrubs, perennials planted in ground)

Container plants: Personal property (potted plants, hanging baskets)

Controversial exception: High-value specimen trees or rare plants sellers have emotional attachment to. These should be explicitly excluded before listing to avoid disputes.

Fish ponds and water features:

The pond itself: Fixture (permanent landscape element)

The fish: Personal property (sellers can take their koi, goldfish, or other aquatic pets)

Pond equipment: Depends on installation—permanently plumbed pumps and filters are fixtures; portable equipment might be personal property

Outdoor structures:

Fixtures: Permanently attached pergolas, gazebos anchored to foundations, built-in grills with gas lines, storage sheds on permanent foundations

Personal property: Portable fire pits, freestanding canopies, outdoor furniture, decorative items

Technology and Modern Home Features

Smart Home Systems

Fixtures (generally included):

Nest or Ecobee thermostats (hardwired replacing standard thermostats)
Ring or similar video doorbells (hardwired to doorbell system)
Hardwired security cameras
Built-in sound systems with in-wall/ceiling speakers
Smart switches and dimmers (permanently wired)
Smart garage door openers (installed replacing standard openers)

Personal property (generally excluded unless specified):

Smart home hubs (Alexa, Google Home, Apple HomePod)
Portable security cameras
Smart plugs and outlets
Removable smart locks (replace with standard locks before closing)
Video game consoles and streaming devices

Ambiguous items requiring clarification:

Smart lighting systems (Philips Hue, LIFX) – bulbs might be personal property but hardwired switches are fixtures
Keyless entry systems – depends on installation permanence
Smart sprinkler controllers – professionally installed are fixtures

Entertainment and Media

Home theater systems:

Fixtures: In-wall speakers, ceiling-mounted projectors (hardwired), custom-built theater seating (permanently installed), acoustic panels (permanently mounted)

Personal property: Television screens (wall-mounted but easily removable), AV receivers and components, media players, gaming systems

Mount brackets: Technically fixtures but functionally worthless to buyers without corresponding equipment. Often removed with equipment.

Satellite dishes and antennas:

Roof or permanently mounted: Fixtures (removal could damage property)

Portable/tripod-mounted: Personal property

Service agreements: Don’t convey with property—buyer must establish their own service

Strategic Contract Language: Protecting Your Interests

For Buyers: Ensuring You Get What You Expect

Specific inclusion language:

Rather than generic “appliances included,” list specifics:

“The following items are included in purchase price and shall remain with property: (1) Kitchen refrigerator (Samsung model RF28R7351SR), (2) Wine refrigerator in butler’s pantry, (3) All window treatments throughout property including but not limited to plantation shutters in living areas and custom drapes in master suite, (4) All mounted television brackets and corresponding TVs in family room and master bedroom, (5) Washer and dryer in laundry room, (6) All outdoor furniture on deck including dining set and lounge chairs, (7) Smart home system including Nest thermostats and Ring doorbell.”

Photograph everything:

During home tours, photograph every item you expect to receive. These photos serve as evidence if disputes arise.

Conduct fixture-specific walkthroughs:

Before making offers, specifically ask seller’s agent to clarify status of any ambiguous items. Document responses in writing.

Include strong final walkthrough language:

“Buyer reserves right to conduct final walkthrough within 48 hours of closing to verify all included fixtures and appliances remain in good working condition. Any missing, damaged, or non-functional items must be repaired, replaced, or credited to buyer’s satisfaction before closing can occur.”

For Sellers: Avoiding Post-Closing Liability

Explicit exclusion language:

List any items you’re taking that buyers might assume stay:

“The following items are specifically excluded from this sale and shall be removed by seller before closing: (1) Dining room chandelier (to be replaced with builder-grade fixture), (2) Custom window treatments in master suite, (3) Outdoor patio furniture, (4) Garage workbench and tool storage cabinets, (5) Washer and dryer, (6) Master bedroom television and wall mount.”

Replace before listing:

If you want to keep specific fixtures (expensive light fixtures, custom window treatments), replace them before listing the property. This eliminates any buyer expectation.

Transparency during showings:

Verbally inform buyers and their agents during showings which items won’t convey. Have your agent include this information in property remarks.

Provide comparable replacements:

If removing expensive fixtures, replace with comparable alternatives. Buyers won’t complain about losing a $2,000 chandelier if you install a $400 replacement before closing.

Regional and Market Customs

Geographic Variations

West Coast (California, Oregon, Washington):

Refrigerators rarely included
Window treatments often excluded
Sellers frequently take all appliances
Very specific contracts standard

Northeast (New York, New Jersey, Connecticut, Massachusetts):

Built-in appliances included, freestanding often excluded
Window treatments customarily included
Detailed contracts common
High value placed on fixtures

Midwest (Ohio, Michigan, Illinois, Wisconsin):

Most appliances customarily included
Refrigerators almost always included
Less formal contract specificity
Strong expectation most items stay

South (Texas, Florida, Georgia, Tennessee):

Refrigerators and washers/dryers often included
Outdoor items frequently excluded (pools/spas excepted)
Custom regional practices vary by metro area

Southwest (Arizona, Nevada, New Mexico):

Desert landscaping and irrigation always fixtures
Outdoor features highly valued
Pool equipment typically included
Smart home systems becoming standard inclusions

Property Type Variations

Single-family homes:

Standard fixture rules apply
Greater ambiguity on appliances
Outdoor items case-by-case

Condominiums:

Appliances more often included
Limited outdoor considerations
Window treatments standard inclusions

Luxury properties ($1M+):

High-end appliance packages almost always included
Custom features explicitly negotiated
Detailed contracts standard
Greater value placed on designer fixtures and finishes

New construction:

Builder specifies exactly what’s included
Upgrades clearly delineated
Less ambiguity than resale homes

Dispute Resolution: When Conflicts Arise

Pre-Closing Discovery of Missing Items

During final walkthrough:

Document immediately: Photograph and video missing items, damaged areas where items were removed, or inferior replacements.

Notify agents immediately: Contact both your agent and seller’s agent before leaving the property.

Review contract: Verify whether disputed items were explicitly included in purchase agreement.

Determine replacement cost: Obtain estimates for replacing missing items or repairing damage from removal.

Negotiate resolution:

Option 1: Delay closing until seller returns/replaces items
Option 2: Credit at closing for replacement cost (typically 120-150% of replacement to compensate for your effort)
Option 3: Escrow holdback pending resolution
Option 4: Walk away if issues are severe enough (risk losing earnest money depending on contract terms)

Post-Closing Discovery

Your options are significantly limited:

Review contract immediately: Determine whether disputed items were explicitly included. Without clear contract language, enforcement becomes extremely difficult.

Demand letters: Attorney-drafted demand letter to seller requesting return of items or compensation.

Small claims court: For disputes under $5,000-10,000 (varies by jurisdiction), small claims provides affordable resolution without attorneys.

Civil litigation: For larger disputes ($10,000+), standard civil court proceedings may be necessary—expensive and time-consuming.

Mediation/arbitration: Some purchase contracts require alternative dispute resolution before litigation.

Reality check: Post-closing fixture disputes are hard to win. Enforcement requires proving items were included in contract, which often wasn’t clearly established. Prevention through detailed contracts is infinitely better than post-closing legal battles.

Special Situations and Exceptions

Estate Sales and Foreclosures

Bank-owned (REO) properties:

Sold strictly “as-is”
Banks typically remove all personal property and some fixtures
Lower expectations for included items
More explicit contract negotiations necessary

Estate sales:

Heirs often take appliances and valuable fixtures
Less knowledge about what should/shouldn’t stay
More explicit buyer due diligence required

Seller Leaseback Situations

When sellers remain in property after closing (renting back from buyer):

Fixture removal prohibited: Sellers cannot remove fixtures after closing since they no longer own the property.

Personal property must be specified: Contract should clearly state which personal property items seller will take during eventual move-out.

Increased damage potential: More time in property increases risk of damage during eventual move. Require security deposits.

Short Sales and Distressed Properties

Seller motivation matters: Distressed sellers more likely to take appliances and fixtures they consider personally installed.

Bank involvement: Lender-approved short sales may have requirements about included items.

Increased negotiation difficulty: Desperate sellers may be combative about items they feel they own.

Your Complete Fixtures Checklist

Before Making an Offer

[ ] Photograph all appliances, light fixtures, and window treatments
[ ] Ask seller’s agent about status of ambiguous items
[ ] Research local customs regarding appliance inclusion
[ ] Note any items you definitely want included
[ ] Identify items seller has indicated they want to exclude

When Drafting Purchase Offer

[ ] List specific appliances by brand/model if important
[ ] Enumerate window treatments by room and type
[ ] Include outdoor items you expect (furniture, equipment)
[ ] Specify smart home systems and technology
[ ] Include “all lighting fixtures currently installed” language
[ ] Add specific inclusion for any custom/expensive fixtures
[ ] Include strong final walkthrough verification language

During Inspection Period

[ ] Verify all included items function properly
[ ] Document condition of included appliances
[ ] Test all fixtures (lights, plumbing, etc.)
[ ] Photograph included items as additional documentation

At Final Walkthrough

[ ] Verify all contract-specified items present
[ ] Test all included appliances
[ ] Check condition of fixtures
[ ] Look for inferior replacements (cheap light fixtures swapped in)
[ ] Document any missing or damaged items immediately
[ ] Don’t close until issues resolved

Before Closing (For Sellers)

[ ] Remove all personal property you’re taking
[ ] Replace any excluded fixtures with reasonable alternatives
[ ] Clean property thoroughly
[ ] Leave instruction manuals for included appliances
[ ] Provide garage door openers, keys, and access codes
[ ] Confirm all included items are functional

Frequently Asked Questions About Fixtures and Inclusions

Can a seller take appliances even though they were there during showings?

Yes, if appliances are not explicitly included in the purchase contract. Legal status of most appliances is personal property, meaning they belong to the seller and can be removed unless the contract specifies otherwise. This is why detailed inclusion language is critical—never assume items present during showings automatically convey with the sale. Best practice: explicitly list every appliance you expect to receive in your purchase offer.

What can I do if the seller removed items that should have stayed?

Your options depend on timing. Before closing: refuse to close until items are returned or you receive credit for replacement. Document everything with photos/video. After closing: review your purchase contract to verify items were explicitly included. If so, send attorney demand letter requesting return or compensation. Consider small claims court for disputes under $10,000. If items weren’t clearly included in contract, legal recourse is extremely limited—this is why prevention through detailed contracts is essential.

Are window treatments always included with a home purchase?

Generally yes, but not always. Permanently installed blinds, shades, and shutters are considered fixtures. However, curtains and drapes that slide on/off rods are technically personal property. Regional customs vary—some areas include all window treatments by default while others require explicit specification. To avoid disputes: photograph all window treatments during tours and explicitly include them in your purchase contract, especially expensive or custom treatments.

If I installed something myself, can I take it when I sell?

Not necessarily. Once you permanently install something, it becomes a fixture belonging to the property, not to you personally. The fact that you paid for and installed the item doesn’t change its legal status. If you want to keep specific items you installed: (1) remove them and install replacements before listing your home, or (2) explicitly exclude them in the purchase contract. Simply removing items at closing without disclosure or contract exclusion creates legal liability.

How specific should the purchase contract be about included items?

Extremely specific. Rather than “appliances included,” list each appliance by type, brand, and model. Instead of “window treatments,” specify “plantation shutters in living room, family room, and bedrooms; custom drapes in master suite.” The more detailed your inclusions list, the less room for dispute. Include catch-all language like “all fixtures and items currently installed and visible during property showings unless explicitly excluded” but supplement with specific high-value items. The 5-10 minutes spent detailing inclusions prevents thousands in disputes.

Can a seller replace expensive fixtures with cheap ones before closing?

Not legally without disclosure and agreement. If your contract includes “all lighting fixtures currently installed,” the seller cannot swap the $2,000 dining room chandelier with a $50 basic fixture without your permission. This constitutes breach of contract. If sellers want to keep expensive fixtures, they must: (1) replace before listing so buyers never see the expensive versions, or (2) explicitly exclude the fixtures in the purchase contract and install reasonable replacements. Sneaky swaps discovered at final walkthrough justify refusing to close until originals are returned.

Do television wall mounts stay with the house?

Wall mounts are fixtures (permanently attached to walls), but they’re functionally worthless without corresponding TVs, which are personal property. Most sellers remove both TVs and mounts. If you want the mounts left (or TVs included), specify explicitly in your contract. Removing mounts creates small holes requiring patching—some buyers prefer mounts stay to avoid wall damage; others prefer they’re removed and walls patched. Address directly in your contract to align expectations.

The Bottom Line: Specificity Prevents Disputes

Fixtures versus personal property disputes are entirely preventable through detailed purchase contracts that explicitly list included and excluded items. The 10-15% of transactions that develop conflicts share common characteristics: vague contracts using generic language like “appliances included,” assumptions about what “obviously” stays or goes, failure to address ambiguous items before closing, and insufficient final walkthrough verification.

Successful transactions that avoid fixture disputes follow consistent patterns: detailed inclusion lists specifying items by room and description, photographic documentation during property tours, written clarifications from sellers about ambiguous items, regional custom research informing contract language, and thorough final walkthroughs verifying all inclusions remain.

Whether buying or selling, invest 30 minutes creating comprehensive inclusion/exclusion lists rather than fighting $10,000-20,000 disputes post-closing. The specificity feels excessive when drafting contracts but proves invaluable when conflicts arise. Remember: if it’s not in writing in your contract, you have minimal legal recourse to enforce assumptions about what should or shouldn’t stay.

Preparing to buy or sell? Create detailed lists of all appliances, fixtures, and items in the property. Photograph everything ambiguous. Research regional customs regarding inclusions. Draft explicit contract language leaving no room for interpretation. Conduct thorough final walkthroughs verifying every specified item is present and functional. These simple steps eliminate the vast majority of fixture disputes and protect both buyers and sellers from expensive conflicts.