Checking The Pulse Of The Kansas City Real Estate Market

There has been many a dispute between Kansas City Home Buyer and Kansas City Home Seller when it comes to just exactly what is a fixture and stays with the home. I’ve even had my own personal dispute as a home seller (when selling my own home). In that instance I had a $500 half bath mirror that was hanging on the wall. The mirror was not “attached” by glue, nail or screws. It was hanging on a screw and in my mind that meant it was personal property and not part of the home. The buyer disagreed to the extent that I was put in a very difficult situation. Due to my higher level of responsibility as a licensed Kansas City Realtor, I decided it was in my best interest to return the mirror. I didn’t feel I owed or promised the Buyer the mirror but brought it back anyway. I had a client one time who took her mother’s rose garden with her when she moved. Landscaping is a fixture but my Seller told me to tell the Buyer’s Agent that she hadn’t promised the buyers the rose garden…

… couldn’t resist working that in. So you get the idea now of the possibilities that could arise from a seller taking an item they felt is personal property but the buyer feels is a fixture and should have stayed with the home. The base Residential Real Estate Sale Contract approved by my own Kansas City Regional Association of Realtors attempts to clear this up by indicating the following items as real estate fixtures (assuming they are attached and owned)…

I’ve probably missed a few in trying to type them in here from the actual contract documents, but you get the idea. If you don’t see the item listed in your contract and you feel there’s ANY chance that there could be a misunderstanding, always use the Addition Inclusions or the Additional Exclusions paragraphs of the contract to clear things up.  Despite everyone’s best intentions, sometimes things are clear as mud. So who decides when a buyer and seller are at a stalemate (after going under contract or after closing) on a particular item?  Well, it may take a judge to decide matters in the worst of scenarios, but usually calmer heads prevail and one side gives in or some other common ground is found.

Here’s a few more items that I’ve personally seen have to be cleared up in a real estate contract… air conditioner window unit, hanging bathroom mirror (yep, that was my own deal), unattached wet bar, free-standing kitchen center island, family air loom light fixture, rose garden (get that song out of your head), stacked shelving in a garage, artwork attached to a wall by a frame that’s secured into the wall, window treatments and refrigerator — on this last item, did you know in some states its common practice for the sellers to LEAVE the refrigerator. In other states, like Kansas and Missouri, it’s common for Sellers to TAKE the refrigerator. This is important to know if you are relocating to another area. One of my favorite items is curtains. It’s impossible to know if a Seller plans to take or leave the items or whether the buyer even wants them. This is the most common item (along with refrigerators) that I see cleared up one way or the other in the contract. A couple other items are outdoor play sets and hot tubs. These are usually considered personal property, so if seller wants to leave those items, the should be very clear about it.

Now remember, although I play an attorney when in a dispute with my wife, I’m just a Kansas City Realtor and you should obtain legal representation if you are in  a dispute over what is a fixture in your real estate dealings. Personally, I’m always thinking that if an item is nailed, screwed, cemented or glued  to the home then it’s a fixture. If it’s hanging on a nail or screw it’s personal property. A refrigerator isn’t attached in any way, so to me it’s clearly personal property. The rest of the kitchen fixtures are attached, so they’re fixtures to the home.

Posted by Jason A. Brown