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I thought it would be fun to kick off the week with a little real estate trivia.  Real estate is local and is regulated on the local level through the state department of commerce so this may not apply in  other states.  In Minnesota if a person plants crops and then sells their property they are entitled to come back and harvest the crops.  They own the crops. 

There are rules with perennials, trees and shrubs too.  They are sold with the property unless specified that they are not included in the sale.   Not a good idea, or even legal to sell your home and then decide to take the hostas and grandma’s rose bush with you when you move, they are all attached to the property and are part of the sale.

For sellers who want to take grandma’s rose bush with when they move, and it does happen, all they have to do is specify that the rose bush is not included in the sale.

Had a seller once who had a small apple tree that her sons had given her for mothers day a year before they decided to sell.  She wanted to keep the tree so we put on the sellers disclosure and in the MLS listing that the tree was not included in the sale.  The seller gave the new buyers a gift certificate for the local nursery for an amount that was slightly more than the value of the tree.

There are other items that are automatically included in the sale of a home.  Anything that is attached or built in and that includes light fixtures, cabinets, doors, and the kitchen sink.  I once had a seller try to take the kitchen sink. 

Here in Minnesota appliances like stoves, refrigerators, washer and dryers are usually sold with the home.  They do not have to be sold with it, if they are not built in like a wall oven, cook top, dishwasher or garbage disposal.  Lenders will not allow us to specify on a purchase agreement which appliances will stay.   Our brokers will not allow us to put appliances on a seperate agreement known as a personal property addendum because appliances are chattel and not real estate, but they will let us put them on the purchase agreement.

The only way I can think of to handle appliances if there is to be a written agreement is for the buyer and seller to draw up a seperate bill of sale, and leave the lender, real estate agent and broker out of the equation.