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Selling or buying? What stays, what goes.

Thinking of selling your Raleigh, NC home? Do you want to purchase Raleigh residential real estate? Do you know what a fixture is? It’s important in marketing your home.

It doesn’t matter which side of a real estate transaction you are on (home buyer or seller), you will want to understand how a fixture is defined in the home sale. For home sellers, we understand that there are items in your home you may not want to part with; however, there are several items in every home that are considered “fixtures” according to the Offer to Purchase and Contract. If you wish to remove any fixture and take it with you to your new home, you will want to exclude it in the listing agreement you have with your real estate agent and have it noted in the MLS. Another approach that we recommend is to remove the fixture prior to any showings of the home and replace it if necessary. The seller is responsible to repair any damage caused by removal of any items.

If you are considering buying a home in Raleigh, NC and you are relocating, this is important because what is considered a fixture here may be different than your present state. As an example, in North Carolina, the refrigerator typically is not considered a fixture.

So what is a fixture?

According to the North Carolina Real Estate Commission, a fixture is “an item of personal property, a chattel, affixed to a building or structure, or real estate to which it is affixed and annexed.” Because it is affixed or attached to real estate (it’s also called an appurtenance), it passes with the sales of the real estate to the buyer unless something is stated to the contrary in the Offer to Purchase and contract.

According to the new contract that just became effective January 11, 2011, the following items, if any, are deemed fixtures and are included in the Purchase Price. These must be free of liens:

In addition to what is listed above any other items that are attached or affixed to the Property, would be included.

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