During a recent showing my client asked “What stays with the house and what will the owner take?”. This is really a common concern for buyers and sellers, and the actual question is “What is personal property and what is real property?”. Real property stays with the property when the the deed transfers to a new owner, personal property is the current owners to take with them. Sometimes it is very easy to differentiate between the two; the fireplace mantle stays, the statue sitting on the mantle does not. Other times it is not so clear; a coat tree sitting in the entry is furniture, personal property, so it does not stay. But what about a coat rack that is screwed to the wall in the entry? It was not part of the house originally, the current owner bought it at a furniture store, is it personal property? The law differentiates the two by attachment and intent. If the item is attached to the property in a way the is considered permanent; nailed, screwed, glued, etc. and removal would cause damage, then it is considered an attachment and stays with the property. Curtain rods that are screwed to the wall are attachments and stay, curtains hanging on those rods are personal property and can be removed. Attachments seem pretty cut and dried, but what about a flat screen TV? Surely that is personal property and not part of the house, right. Not necessarily. If it is directly attached to the wall, screwed to a plate that was installed in the wall for example, then the law says it is an attachment and must stay! The under counter CD player must stay as well. The other part of the equation is intent, and this gets a bit more vague. Was the intent of the current owner to make the item part of the property? I heard of a dispute over a very expensive mirror that hung from a hook in the wall. The natural inclination is to think that the mirror is not permanently attached so it is personal property. The owners thought so as well and so they took it with them. In court the blueprints for the house showed that a special support beam had been installed in the wall to support the weight of the mirror and the judge deemed that this showed that the intent was for the mirror to belong there permanently. The mirror had to stay with the house! Freestanding appliances like the refrigerator and stove are personal property, but the installation of the dishwasher makes it an attachment. The best course of action is to clarify everything that could come into question in the purchase agreement. Appliances should always be written into the purchase agreement, including serial numbers if possible. If there is any doubts about the coat rack, TV, mirror, etc. address it in the purchase agreement so that there is a meeting of the minds between buyer and seller before it becomes a legal issue. Sellers should consult with their Realtor before showing the house about any attachment that they are planning to take with them, the best course of action may be to remove it before putting the house on the market. If the under counter CD player is removed and in a box in the closet prior to showing the house, then it is personal property.