When you buy a home, the purchase doesn’t just include the walls and roof — it also includes a list of items the seller agrees to leave behind, and a separate list they’re entitled to take with them. In real estate terms, those are called fixtures and personal property, and the line between the two isn’t always obvious. For buyers in Centerville, Ohio, understanding how this distinction works before you write an offer can save you from an unpleasant surprise at your final walkthrough.
What Counts as a Fixture
A fixture is generally anything that’s been permanently attached to the home or the land, in a way that it would cause damage or leave a visible gap if removed. Built-in cabinetry, ceiling light fixtures, wall-mounted mirrors, in-ground landscaping, and attached shelving are typical examples. The basic legal test asks whether the item is affixed to the structure and whether it was intended to stay with the property. Because that test leaves some room for interpretation, Ohio purchase contracts spell out specific categories rather than relying on the general rule alone.
What Usually Counts as Personal Property
Personal property is anything the seller can remove without altering the structure itself. Furniture, freestanding appliances, area rugs, decorative mirrors that simply hang on a hook, and portable items like patio furniture typically fall into this category. Curtains are a common gray area — the rods are often considered fixtures while the curtains themselves can go either way depending on what the contract says. The same is true for televisions that are wall-mounted: the mounting bracket usually stays, but the TV itself usually doesn’t unless it’s written into the agreement.
How Ohio Purchase Contracts Handle This
The standard purchase agreement used across much of Ohio, including Centerville and Washington Township, includes a section that lists specific items presumed to be included in the sale — think built-in appliances, window treatments, and garage door openers — along with space to note exceptions. If a seller wants to keep something that would normally be considered a fixture, such as a dining room chandelier that has sentimental value, that needs to be written into the contract as an exclusion before the offer is accepted. Likewise, if a buyer wants something that’s technically personal property, like a shed or a specific appliance, it should be listed as an inclusion rather than assumed.
What to Clarify Before You Sign
The best time to resolve fixture-versus-personal-property questions is during the offer stage, not after the contract is signed. If you notice something during a showing that you’d like included — a water softener, a basketball hoop, a wall-mounted TV bracket with the TV — ask your agent to put it in writing as part of the offer. The same goes if you’re concerned the seller might remove something you assumed was staying, like outdoor lighting or a mounted mirror in the primary bathroom. Getting specific in the contract avoids relying on anyone’s memory of a verbal conversation during the showing.
Walking Through the Home With This in Mind
At your final walkthrough, it’s worth checking the home against what the contract says should remain. Look for anything that was removed that shouldn’t have been — light fixtures swapped for bare bulbs, a built-in shelf taken down, or appliances missing from the kitchen. If something doesn’t match what was agreed to, this is the moment to raise it with your agent, before closing, while there’s still time to resolve it with the seller.
Frequently Asked Questions
If an item isn’t mentioned in the contract at all, who gets it?
When an item isn’t addressed specifically, the general fixture test applies: items permanently attached to the home are presumed to stay, and freestanding or portable items are presumed to go with the seller. Because that test can be open to interpretation, it’s better to name anything you care about directly in the offer rather than relying on the default rule.
Can a seller change their mind about what they’re leaving after the contract is signed?
Once the purchase agreement is signed, the list of inclusions and exclusions is part of the binding contract. A seller can’t unilaterally remove something that was agreed to stay, and a buyer can raise it as an issue if that happens. This is one reason the final walkthrough matters — it’s your chance to confirm the home matches what was promised before closing.
Do mounted or built-in smart home devices, like thermostats or doorbell cameras, stay with the home?
These items often fall into a gray area since they’re attached but sometimes tied to a seller’s personal account or subscription. It’s worth asking specifically about smart thermostats, doorbell cameras, and similar devices during negotiations so there’s no confusion about whether they’re included and whether accounts will be transferred or reset.
What happens if something I expected to stay is missing at closing?
If an item that was supposed to remain under the contract is missing when you do your final walkthrough, tell your agent right away. Depending on timing, this can sometimes be resolved before closing, or it may need to be addressed afterward with the seller. Either way, having it documented in the contract gives you a clear basis to ask for resolution.
Kelly Nation is a real estate agent with RE/MAX Alliance serving Centerville, Ohio, Washington Township, and the greater Dayton area. Thinking about buying or selling in the area? Reach out to Kelly Nation with RE/MAX Alliance at 937-609-5852 to get started.
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