When it comes to buying and selling homes, it's so important that everyone is on the same page when it comes to what is and what isn't going to be sold with the property. When you sell a home, you are selling the physical structure, like the ceiling, the walls, the roof. Then, you have personal property like a coffee cup, a pillow, or a chair. Of course, the seller would take those things with them.
Confusion starts with fixtures already attached to items, such as blinds or curtains. To determine whether something is a fixture or not, there are a few questions that need to be asked. The first one is what's the method of attachment?
Curtains and window treatments are always an area of confusion. Blinds are attached to the window and are considered a part of the house, so they would stay with the house when it sold. So would the hardware that the drapes are attached to. The actual drapes though, can easily slide off, and are considered personal property.
Another test we have is the adaptability test. This is where we ask the question "Was this created or adapted for the house?" If something was made to fit something in the home, and is attached to the wall or another existing structure, it would stay with the home, because the intention was for it to remain a part of the home.
The last test has to do with what the intention was when the object was attached to the property. Things like book cases and mounted TV's can get tricky. Are they attached? Yes, but was their intention to be left for the next buyer? Probably not.
If you are a seller and in love with your mounted TV, I would tell you to either put it in the disclosure that it's not included in the sale, or simply take it off the wall while your home is on the market. If a buyer sees something attached to the home and wants it, they will probably be able to keep it. If you're a buyer and there is something questionable, we recommend this. When in doubt, write it out in the contract.