Different states have different rules on what is considered a fixture in a home purchase. A fixture is something that unless otherwise stated, the seller must leave in the home. In the NC Offer to Purchase and Contract, there is a section where sellers can exclude items, but unless otherwise stated, all the below items must stay;
• Alarm and security systems (attached) for security, fire, smoke, carbon monoxide or other toxins with all related access codes, sensors, cameras, dedicated monitors, hard drives, video recorders, power supplies and cables; doorbells/chimes • All stoves/ranges/ovens; built-in appliances; attached microwave oven; vent hood • Antennas; satellite dishes and receivers • Basketball goals and play equipment (permanently attached or in-ground) • Ceiling and wall-attached fans; light fixtures (including existing bulbs) • Fireplace insert; gas logs or starters; attached fireplace screens; wood or coal stoves • Floor coverings (attached) • Fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement. NOTE: Seller’s use, removal or resale of fuel in any fuel tank is subject to Seller’s obligation under Paragraph 8(c) to provide working, existing utilities through the earlier of Closing or possession by Buyer. • Garage door openers with all controls • Generators that are permanently wired • Invisible fencing with power supply, controls and receivers • Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sound systems; permanent irrigation systems and controls; rain barrels; landscape water features; address markers • Mailboxes; mounted package and newspaper receptacles • Mirrors attached to walls, ceilings, cabinets or doors; all bathroom wall mirrors • Storage shed; utility building • Swimming pool (excluding inflatable); spa; hot tub • Solar electric and solar water heating systems • Sump-pumps, radon fans and crawlspace ventilators; dehumidifiers that are permanently wired • Surface-mounting brackets for television and speakers; recess-mounted speakers; mounted intercom system • Water supply equipment, including filters, conditioning and softener systems; re-circulating pumps; well pumps and tanks • Window/Door blinds and shades, curtain and drapery rods and brackets, door and window screens and combination doors, awnings and storm windows
WHY IS THIS IMPORTANT?
If you’re a seller, and you have a fixture in your home that you do not want to leave behind, make sure you exclude it. For example, if you have an antique chandelier that you do not intend to leave behind, you must take this down prior to listing your home, or list it as an exclusion. If you have any further questions, ask your listing agent.
If you’re a buyer, you will notice many items are included standard, but other items such as a refrigerator, washer and dryer are not. You can ask the seller to leave them behind in the offer to purchase and contract, but they are not standard items.
Click here to view a sample offer to purchase and contract.