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Sellers' Legal Basics
Chattels and Fixtures
The standard form of Agreement of Purchase and Sale (“APS”) requires that you list any chattels that are included in the purchase price and list any fixtures that are excluded from the purchase price. In other words, unless you list a chattel in your APS, you can take it with you on closing, and unless you list a fixture in your APS, you must leave in on the property on closing.
In general, a chattel is a piece of personal property that is not attached to your home, and a fixture is something that is permanently attached to the building. Some examples of chattels that are commonly listed in an APS as being included in the purchase price include appliances (that are not built-in), drapes, and area rugs. Some examples of fixtures that are sometimes listed in an APS as being excluded from the transaction include chandeliers, mirrors that are attached to walls or closet doors, carpeting, or a special plant from your garden.
As a seller, the important thing to remember is not to list any chattels in your APS that you want to take with you, but do list any fixtures that you want to take with you. If you are unsure whether an item is a chattel or a fixture, feel free to contact HomesLawyer.com for assistance.