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If you are selling a house with a wall mounted plasma, what are the rules for including the plasma as a part of the sale of the house?


Is it by default a part of the house since it is attached to the wall? If so, can you make it an optional item if you clearly state it in the listing?


I'm sure someone has experience with this given the housing boom as of late.
 

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I recently bought a house and during my search, one home had about 3 plasmas mounted on the walls. It was clearly stated in the listing that they were excluded.
 

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The buyer has to specify the terms of what he's offering to buy when they put in their bid. If the bid specifies all wall-mounted fixtures, then it would include the TV. It is then the buyer's responsibility to counter-bid to ammend the terms of the purchase.


Short version: It'll say on the contract when the buyer puts in the offer! :)
 

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Quote:
Originally Posted by aykew
The buyer has to specify the terms of what he's offering to buy when they put in their bid. If the bid specifies all wall-mounted fixtures, then it would include the TV. It is then the buyer's responsibility to counter-bid to ammend the terms of the purchase.


Short version: It'll say on the contract when the buyer puts in the offer! :)
Agreed. I sold a house and didn't list it as an exclusion. The buyer included it (and a swing set) in his offer. I included them, but didn't budge much from my asking price.
 

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In higher end Boston condos of late, there is almost always some type of flat panel display included as an inducement. We recently moved from one condo to another and left a 50" Pio, and had a 30" LCD included in the new place. I know, not an even swap and the new place cost more. However, as stated, these were specified in the show sheets and each P&S.
 

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Might depend on your jurisdiction, but here anything that's permanently affixed is included in the property unless specifically excluded, so if it's not mentioned at all the buyer gets it. If the seller wants to take it with him he needs to specifically exclude it in the contract. This goes for light fixtures, permanently-mounted mirrors, flat-panels on wall mounts, major appliances, etc.


Some sellers insist on excluding even relatively cheap things, and some buyers are really put off by it. Makes the vendor look picky and hard to work with.
 

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To avoid surprises, it's a good idea to list everything that is included and not included in the P&S. Even if you think it should be obvious.


In most jurisdictions, what is a "fixture" and thus must be included in the sale is covered by law. Your broker should know what this covers.
 

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Quote:
Originally Posted by rmf
In higher end Boston condos of late, there is almost always some type of flat panel display included as an inducement.
OT: are you saying that the housing bubble is bursting/flattening in Beantown (ie people include plasmas to sweeten the pot)???


In NY Metro people still line up to buy condos and wage bidding wars - but that may come to an end soon.


Sorry for OT post (I thought that rmf's post was interesting).
 

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Quote:
Originally Posted by PerryU
Might depend on your jurisdiction, but here anything that's permanently affixed is included in the property unless specifically excluded, so if it's not mentioned at all the buyer gets it. If the seller wants to take it with him he needs to specifically exclude it in the contract. This goes for light fixtures, permanently-mounted mirrors, flat-panels on wall mounts, major appliances, etc.


Some sellers insist on excluding even relatively cheap things, and some buyers are really put off by it. Makes the vendor look picky and hard to work with.
This is also true in California.


I've had realtors (on both the buying and selling end) make this quite clear to me.


Anything attached is considered a fixture and is included as part of the property unless explicitly excluded.


I know of cases where the seller had very expensive lighting fixtures up to show the house and then replaced them with cheaper lights between the offer and close of escrow. Needless to say the buyer sued the seller to restore the old lights (and won).
 

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Exclude it in the listing so there is no confusion later on come contract time.
 

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anything you want to take, take it down before showing it. its just known that pics for example hanging on wall are are not included in the sell of the house, so it should be the same as a plasma. now blinds or window coverings are part of the house as well as light fixtures and ceiling fans.
 

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A plasma should not be considered a fixture, but have the same rules as a wall hung painting or mirror on the wall. It is only hooked on the mount, same as a picture hook. To be safe exclude it or best, remove it and patch the wall. That would avoid any dickering for the price and hard feelings.
 
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