Personal property or real estate?


Issues regarding personal property often come up in real estate transactions.  As a real estate agent I don’t sell personal property for another for a fee.  Our purchase agreements change every year and the agents who have been selling real estate with the big companies for decades often insist on “personal property addendum” because we used to use them in almost every real estate transaction and even though it specifically says right in the purchase agreement that the garage door opener and fireplace screen are included in the sale some real estate agents will insist that they are personal property and that they have to be put on the personal property addendum. 

Personal property forms are not part of the Minnesota real estate contracts because personal property is sold with a bill of sale not with a real estate purchase agreement.   

The Minnesota purchase agreement has always stated that there are items that are considered part of the real estate and are not considered personal property.  A furnace that is installed in a house is considered part of the property and is included in the sale.  A furnace that isn’t installed may be considered personal property.

Here are the items that are listed right in the purchase agreement as being included in the sale:

“Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not
17. limited to, the following (collectively the “Property”): garden bulbs, plants, shrubs, trees, and lawn watering system;
18. shed; storm sash, storm doors, screens and awnings; window shades, blinds; traverse, curtain, and drapery
19. rods, valances, drapes, curtains, window coverings and treatments; towel rods; attached lighting and bulbs; fan fixtures;
20. plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems;
21. air exchange system; radon mitigation system; sump pump; TV antenna/cable TV jacks and wiring/TV wall mounts;
22. wall/ceiling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors;
23. fireplace screens, door and heatilators; BUILT-INS: dishwashers; refrigerators; wine/beverage refrigerators; trash
24. compactors; ovens; cook-top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; intercoms;
25. speakers; air conditioning equipment; electronic air filter; humidifier/dehumidifier; liquid fuel tanks (and controls);
26. pool/spa equipment; propane tank (and controls); security system equipment; TV satellite dish; “

Home buyers should takes notes about which of these items are in the home when they make an offer and then check during the final walk through before the closing to make sure that the items have not been removed.  In some cases buyers and sellers really don’t care but if a buyer was expecting an alarm system and then discovers that it has been removed that can be a problem.

Business practices vary from state to state around the country but in Minnesota generally home owners include the appliances when they sell their home including washers and dryers and kitchen appliances. 

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3 Replies to “Personal property or real estate?”

  1. What about the car in the garage? :”)

  2. Teresa Boardman says:

    maybe in Canada. You are in America now.

  3. Well then forget it.
    I’m not moving.
    I was hoping the ‘perfect’ deal. 🙂

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