Inclusions & Exclusions

Spelling out inclusions and exclusions.....

You have found the perfect property and are ready to have your real estate agent write an offer on it for you.

It is very important to be extremely clear on what is included as well as what items are going to be excluded from the sale. It is not always; what you see is what you get, in real estate. Unless you go out of your way to document your expectations and assumptions and make them known to the seller. This is especially true in recreational properties that are in remote locations.

There was one situation reported where a family purchased a large summer cabin on a mountain lake. While very few people visited the area in the winter, the couple felt they could use the cabin in cold weather because the living room included a fireplace with a new, efficient insert. They were relieved that the getaway could be heated by wood because electricity was extremely expensive in the area. When moving day finally arrived and they began setting boxes in the living room, they noticed the insert was gone.

What happened to the insert? The Buyer's assumed that the insert was a fixture because it was attached to the property. Through their real estate agent they learned that the insert was gone because their offer to purchase had not included a definitive list of items they expected to find when they took possession of the house.

The following paragraph is found in every purchase contract and has come a long way toward clarifying what is typically included in a sale.

"Any of the following personal property located in or on the property is included in this sale: built-in appliances, wall-to-wall carpeting; curtains, drapes and all other window treatments; window and door screens, awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating equipment; wood stoves; fireplace inserts; doors; gas logs and gas log lighters; irrigation fixtures and equipment, electric garage door openers; water heaters, installed electrical fixtures; lights and light bulbs; shrubs, plants and trees; hot tubs; and all bathroom and other fixtures."

Though the phrase "and other fixtures" still leaves room for dispute. What are other fixtures? Can they be washing machines attached to the wall by a rubber hose? Not always....


In some cases, the buyer's wishes simply fall through the cracks -- a coveted hand carved door to the den never was included on the fixtures list, so it was not included in the sale and it was carted away by the seller. Stained-glass windows caused a recent problem. The seller assumed they were art and planned to replace them with the common windows stored in the basement. The buyer said the stained-glass was one of the reasons the home was appealing and assumed they came with the house. After shock, resentment and bitterness, the two parties settled on a lower sales price and the seller took the stained glass.

The moral to the story? When in doubt, spell it out!