REAL TipS: Selling

Personal property versus real property

If you are thinking about selling your house, talk with your REALTOR® about which items in the home are regarded as personal property and which are considered real property. This distinction can sometimes cause difficulties in a real estate transaction.

A typical purchase agreement is written to include all real property. In fact, the resale contract promulgated by the Texas Real Estate Commission and used by Texas REALTORS®  lists typical examples of real property, and also has a field to list excluded property.

Real property is defined as property that is fastened down or an integral part of the home’s structure, such as light fixtures, drapery rods, attached mirrors, and trees. It usually does not include potted plants, refrigerators, washer and dyers, microwaves, and freestanding bookcases. If there is any uncertainty whether an item is included in the sale, be sure that the particular item is mentioned in the purchase contract as being included or excluded. To head off any uncertainty, you can remove an item before your Texas REALTOR® begins showing your home. 

Texas Association of Realtors®