What you see is what you get, right? Not necessarily in real estate, unless you go out of your way to document your expectations and assumptions and make them known to the seller. This is especially true in recreational properties that are in remote locations.

Some years ago our neighbors purchased a large summer cabin on a mountain lake. While very few people visited the area in the winter, the couple felt they could use the cabin in cold weather because the living room included a fireplace with a new, efficient insert. They even shared with us their feeling of relief that the getaway could be heated by wood because electricity was extremely expensive in the area. They also felt they had saved some time by not having to research other insert options or freestanding wood stoves.

When moving day finally arrived and they began setting boxes in the living room, they noticed the insert was gone. How could this be? If this was not a “fixture” that was to stay in the house, what exactly was a fixture?

Through their real estate agent, they learned the seller was an attorney who said he never even considered leaving the insert behind. The cherry on top of this dessert was that the seller had no place to re-insert the insert. But he would gladly sell it to the couple or keep it in his garage. They eventually bought their own insert. They were shocked, upset and out about $1,500.

The insert was gone because their earnest-money agreement had not included a definitive list of items they expected to find when they took possession of the house.

Most multiple listing associations and real estate companies annually review and generally add to their lists of “fixtures” included in a residential sale. The list typically is a specific paragraph in company “Residential Real Estate Purchase and Sale Agreement” forms (sometimes referred to as an earnest-money form), and usually grows as a result of complaints and lawsuits. Here’s a typical paragraph in the form regarding fixtures:

To get even more valuable advice from Tom, visit his Second Home Center.

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