Q&A: Taking Personal Property with You

Question: I took a few small bushes from my yard because they were given to me by my late Mom. The buyer noticed this and complained that they had to stay. Does certain personal property have to stay with the home when I sell?

Answer:  When selling or buying a home, you need to think ahead about what you are actually selling along with the property and the house.

The general rule is, "if it attached to the structure or the ground, it is real property and stays with the house."

For example, curtains are attached, but will the sellers leave them?

They may match the decor in the seller’s next home. What if they take them and the buyers assumed they would stay?

This can cause a disagreement. Disagreements tend to move from minor issues to major issues, because emotions rule and logic melts away. 

So if you want to take your curtains with you, put it in the contract. Don't "assume" anything.

Buyers and sellers can argue about the silliest things.

Believe it or not, there is a story about how a deal almost fell apart because the buyer wanted the sellers to leave the welcome mat. It must have been a really nice welcome mat. Normally, sellers are free to take their welcome mat with them when they move.

The point is that you need to think about these things in advance. If you have to unscrew a screw, detach anything from the interior or exterior structure, or uproot anything from the ground -- and you want to take it with you when you move -- put it in the contract. That way there are no possible misunderstandings later.

As far as the bushes go, explain to the buyer the sentimental value in these bushes and ask if you can replace them with something else suitable to the buyers.