Question: We drove by the home we are buying and were disappointed to see the seller took down the custom window drapes. We love those drapes. Shouldn’t they stay with the house?
Answer: Check your P&S contract to determine if the drapes are included with the sale. Your first page addresses the items included as part of the house being sold. Most contracts use a broad term to identify the inclusions: “fixtures”. There may be a lengthy list of examples naming usual fixture items – but this list is not exhaustive.
By definition a fixture is an item physically connected to the home. For example, a chandelier is a fixture. However, the chandelier’s light bulbs, are not.
You may unfortunately find the drapery rods must remain as a fixture to the house, but the drapes can likely be removed. Check your contract, though. Custom drapes are often listed as an inclusion. If you don’t find it in the contract consult your realtor or lawyer to plead your case. Your seller may not need them, and may have removed them as a mistaken courtesy.
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.
Answer: Check your P&S contract to determine if the drapes are included with the sale. Your first page addresses the items included as part of the house being sold. Most contracts use a broad term to identify the inclusions: “fixtures”. There may be a lengthy list of examples naming usual fixture items – but this list is not exhaustive.
By definition a fixture is an item physically connected to the home. For example, a chandelier is a fixture. However, the chandelier’s light bulbs, are not.
You may unfortunately find the drapery rods must remain as a fixture to the house, but the drapes can likely be removed. Check your contract, though. Custom drapes are often listed as an inclusion. If you don’t find it in the contract consult your realtor or lawyer to plead your case. Your seller may not need them, and may have removed them as a mistaken courtesy.
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.
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