Posted a while ago by Gill Howard
What should you leave behind, and what can you expect to find, when selling or buying a house? The issue of fixtures and fittings can be very contentious, primarily because there is no law that specifies what should be left in the house and what should be removed. Different buyers and vendors have different expectations and it is wise to clarify what will be included with the property in the early stages of the sale proceedings.
Legally the vendor is not obliged to leave any fixtures or fittings in the house, but the onus is on the vendor to clarify what will be taken. Usually conflict is avoided by the creation of an inventory which is attached to the sales contract stating what is included with the price of the house and what will be taken when the vendor moves. If an inventory is not formed, it is generally assumed that fixtures will be left but fittings will be removed, unless stated otherwise elsewhere. This means that if a fixture is removed without the buyer being forewarned the vendor could find themselves in a small claims court and have to pay the cost of replacing the contended fixture.
What is a fixture/fitting?
There are no set definitions for what constitutes a fixture or a fitting, but generally a fixture is understood to be any item that is bolted to the floor or walls, and a fitting to be any item that is free standing or hung by a nail or hook. Below is a list of items that will usually fall under each category.
Fixtures
- Light fitments
- Central-heating boilers and radiators
- Built in wardrobes/cupboards (e.g. if they use a wall to form one of their sides and would thus be incomplete if they were removed)
- Bathroom suites (sinks/baths/toilets)
- Plugs
- Kitchen units
- Wall paintings
Fittings
- Paintings or mirrors that are not bolted but hung or screwed to a wall.
- Carpets
- Curtains and curtain rails
- Free-standing ovens, refrigerators and washing machines
- Beds/sofas and other free standing items of furniture
- Lampshades
- Television aerials and satellite dishes
Why all the fuss?
Whilst a plug here or a towel rail there will not make much difference to the value of a house, fixtures and fittings can add up to thousands of pounds in total and will make a big difference to the monetary worth of a property. Typically, if the vendor took all furniture (fitted and free-standing) central heating fixtures, curtains, telephones, satellite dishes, dustbins and fireplaces the buyer would have lost approximately £15,000, so it is well worth taking the time to clarify what will and won’t be left in the property before the sale goes through. It is important that the buyer ensures they are getting what they think they are paying for and for the vendor to avoid any legal trouble that could occur later on in proceedings.
Inventory
When buying or selling a house it is useful to have an inventory in order to agree from the outset which fixtures and fittings will be included in the sale. Below is an example inventory form which can be tailored to each buyer or vendor’s own specifications.
| General | Plug Sockets | |
| Door Bell | ||
| Door Knocker | ||
| Shutters & Grills | ||
| Interior Door Furniture | ||
| Exterior Door Furniture | ||
| Double Glazing | ||
| Window Fitments | ||
| Kitchen | Cooker | |
| Cupboards | ||
| Fridge | ||
| Freezer | ||
| Microwave | ||
| Dishwasher | ||
| Spice Rack | ||
| Cutlery Rack | ||
| Extractor Fan | ||
| Washing Machine | ||
| Utensils | ||
| Curtain/Blinds | ||
| Built-in Appliances (specify): | ||
| Living/ Dining & Bedrooms | Curtains (Including net curtains) | |
| Curtain Rails, Fittings, Tracks & Poles | ||
| Pelmets | ||
| Blinds | ||
| Carpet | ||
| Heaters | ||
| Lamp Shades/Bulbs | ||
| Wall Fittings (shelves/mirrors etc.) | ||
| Gas/Electric Fires | ||
| Burglar Alarm | ||
| Smoke Alarms | ||
| Other (Specify): | ||
| Bathroom | Carpet | |
| Medicine Cabinet/Cabinet | ||
| Mirrors | ||
| Towel Rail | ||
| Fitted Shelves/Cupboards | ||
| Shower or Bath Unit | ||
| Toilet Fittings | ||
| Heater | ||
| Curtain/Blind | ||
| Shaver Fitting | ||
| Soap & Toothbrush Holders | ||
| Shower Fittings & Curtain | ||
| Outside | Shed | |
| Greenhouse | ||
| Trees, Plants, Flowers | ||
| Lights | ||
| Garden Equipment & Furniture (Specify) | ||
| Garden Ornaments | ||
| Water Butts | ||
| Dustbins | ||
| Satellite Dish/TV Aerial | ||
| Additional Notes | ||
| I hereby certify that the items checked and noted on this agreement are included in the sale price of the property. | ||
| SIGNED: _________________________ | House Seller |
Negotiation Techniques
Getting the most for the price of a house often comes down to good negotiation techniques.
- Stay calm and polite when attempting to negotiate the fixtures and fittings you would like to be left – a sale often falls through because of heated conflict over the finer details of a property.
- Ensure both parties are clear which items are fixtures and which are fittings to avoid confusion later on.
- Do all negotiating face to face – that way both parties can gauge responses more accurately and working out what will be left after the move will be easier.
- Be friendly – the other party is much more likely to accommodate your wishes if they like you.
- Think about which fixtures and fittings you actually need – there is no point arguing to keep a sink if you’re just going to get rid of it later on. Remember, disposing of unwanted items can be very costly.
- Don’t make unreasonable demands; you’re more likely to strain relations and end up with a worse deal.
- As soon as any agreements are made write it down so there can be no contentions further down the line.
A favorite pastime of many people is to attend Sunday open houses, whether they're in the market to buy a home or they're just simply curious. Open houses also provide agents with a great way to meet potential clients who wander in off the street.
A certain amount of etiquette is involved from both sides. You should understand the role of the agent who's holding the house open before you head out to explore someone else's home, and you'll want to avoid overstepping your bounds as well.
- There are some general, common-sense guidelines for what to wear and how to behave at an open house.
- An engaged agent is more likely to help you buy the house you like or sell the home you have.
- If you're thinking of selling your home, open houses are an excellent opportunity not only to see your competition but also to help you find an agent you like.
Yes, an open house is an informal event, and there's certainly no need to break out your high heels or a tie. But try to avoid super casual attire like flip flops, bathing suit tops, seen-better-days sweatpants, and the like. You'll still gain admittance, but agents might not take you seriously if you are indeed looking to buy.
Not all real estate agents host open houses in the same manner, so you can't always be sure who will answer the door. It could be the listing agent, a neighbor, a buyer's agent, or even the seller.
But one thing is certain—you don't have to ring the doorbell or knock on the door unless there's a sign posted instructing you to do so. Otherwise, open the door and walk in.
Call out "Hello!" if you don't immediately see an agent. They might be otherwise occupied in another room.
You'll want to wait to enter a room until any other visitors who are already there have departed. There's plenty of other space to explore in the meantime.
And remember your manners. Don't use the bathrooms, and don't open drawers, cabinets, the refrigerator, or closed doors. People still live in the home in most cases—and it's intrusive.
The agent might be standing at the front door when you arrive, waiting to greet you. This type of agent will shake your hand, introduce themselves, get your name, hand you a flyer, and tell you to go through the house at your own pace. The agent might follow you to point out features and answer questions you didn't realize you had.
It's also possible that the agent might be outside in the driveway, asleep behind the wheel of their car. This agent might leave the door ajar and never get up to greet you. Feel free to go inside anyway. Make a note of the agent's name—you'll probably find it on pamphlets or business cards near the front door—and promise yourself that you will not call this broker.
Or the agent might fall somewhere in between. This non-engaging type might be reading a book in another room and will say something along the lines of, "There's information on the counter. Let me know if you have any questions."
This is probably an agent who didn't want to hold open the home, but they're doing it so they can tell their seller that they did. You might want to stay away from this one as well.
In any case, avoid taking up a huge chunk of the agent's time. Just make sure you have a business card if you have many detailed questions about the property and you're seriously considering buying. You can always follow up later.
Asking is the best way to find out whether the agent holding the open house is the listing agent.
You can't always count on the agent's name appearing on the For Sale sign or that they'll be wearing a name badge. Sometimes two agents will co-list a home. You could find yourself dealing with a dual-agency situation if you buy through this agent and your state allows it.
More often than not, the agent holding the listing open will not be the listing agent but rather an associate agent. This agent will be hoping to represent a buyer to buy that home (or any other home, for that matter).
Sometimes, the agent listing the home will head a team of buyer's agents. Those agents will often host the open house. Some team leaders don't want to directly represent the buyer, because they feel there's a conflict of interest that interferes with their fiduciary responsibilities to the seller.
If you're already working with an agent, let the agent hosting the open house know. Realtors are technically required to ask buyers about this, but they sometimes forget.
The easiest way to inform the agent that you're working with another agent is to walk in with your agent's card in hand. Just hand it over to the other agent and say, "This is my agent." The agent at the home shouldn't try to solicit you when they're made aware of this information.
Let the agent at the home know that you're still shopping for a buyer's agent if you haven't yet decided on someone. Maybe you'll want to interview the open house agent to determine whether you want to work with them.
Open houses are an excellent way to find an agent, because you'll meet face to face, and you can witness the agent in action as well.
Buyers will often drop in on an open house simply because it's open. Maybe it's a home you've often admired, and you're curious to see what it looks like inside. Just be honest, and tell the agent that you have no inclination to buy if this is the case. You can still tour the home.
More than one person has decided to buy a home because they unexpectedly and immediately fell in love with it at an open house.
You might think the agent doesn't want you to come to the open house if you're a neighbor, but most agents would love to show you the home and get your feedback about it and the area. Neighbors are a great source of information.
You also might have a friend or co-worker who would be interested in the property. Don't feel embarrassed to admit to the agent that you are "a neighbor from down the street."
An open house is an opportunity for the seller and their agent to show a home to numerous potential buyers on the same day. The seller's agent or another representative usually opens the home for a few hours and allows prospective buyers to walk through, peruse the house, and ask questions. Listing agents may also use it as an opportunity to find new clients
For homebuyers, the questions to ask at an open house are really the same as those you should ask when looking at any home. You should get as much information as possible about the condition of the home, how long it's been on the market, any renovations that have been done, and any significant issues that the home has had. It's also good to get an idea of how many offers the listing agent has, so you'll know how competitive the market is for that home.
It's helpful to go to an open house prepared. Bring anything you might need to scope out the home, such as a tape measure, a camera, a flashlight, and paint swatches. Have a notepad and pen for recording information and answers to your questions. If you're working with an agent, it can be helpful to have them there, too.