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What stays, what goes when seller starts packing?

Allen Norwood
Allen Norwood writes on Home design, do-it-yourself and real estate for The Charlotte Observer. His column appears each Saturday.

Does it stay or does it go?

It's a question that surely dates to the first real estate sale. When the buyer plunks down his bag of gold, what does the seller plan to include? And what will the seller remove from the home and haul away in the oxcart?

The answer is determined by the rules governing fixtures. Generally, a fixture is something that is attached in a way that removing it would damage the house. Fixtures are supposed to stay. Personal property is not attached, and it can go with the seller.

If you're a buyer, ask about what's included, and be sure that your agent gets every agreement in writing.

These days, staging has introduced another player into the transaction.

The house - especially if it's an expensive new home - might have been "staged" to appeal to potential buyers. Items the buyer falls in love with might not belong to the seller, but to the stager.

Stagers Maria Tobin and Jennifer Manchester say stagers generally stick to furniture and accessories, so they encounter few misunderstandings with buyers.

Tobin is president of the Charlotte chapter of the International Association of Home Staging Professionals. Manchester is in charge of public relations. ( www.Charlotte HomeStagers.com .)

They say stagers try to walk through homes with sellers, as listing agents or buyers might, asking what stays.

Light fixtures are just that: fixtures. But chandeliers and ceiling fans are among items that commonly cause feuds between buyers and sellers, because sellers sometimes remove expensive pieces.

If the seller plans to take a light fixture, the stager will suggest replacing it before listing the house for sale. That way it never becomes an issue.

"Lighting is something (sellers) often need to upgrade," Tobin said. "So I tell (clients), 'Let's go ahead and pick out another fixture now. I'll be glad to help you with that.' "

Drapes are personal property, unless the contract says otherwise, while drapery rods are fixtures. Tobin says she rarely hangs curtains, and never hangs hardware.

"I have window treatments in my inventory. I know other stagers have them in their inventories. ... But when I hang curtains, the hardware is already there."

Unless the buyer wants to purchase the curtains, they go with the stager.

Manchester says flat-screen television sets mounted on wall brackets are generally personal property, while the bracket is a fixture. She suggests separating the two to make that clear.

"Let's take the TV down and put it on a cabinet ... so there'll be no misunderstanding."

Fancy mirrors in powder rooms also can spark misunderstandings, Manchester said.

A buyer would expect the large, permanently mounted mirror in the master bath to stay. But the small mirror in the powder room is hanging from a hook, just like a painting of a favorite rich uncle. Should the buyer expect that gilded mirror to stay? Discuss the mirror and get the agreement in writing, Manchester said.

Stagers lease or sell the furniture and accessories they place in homes. If the client is a new-home builder, he typically leases from the stager. Then the stager might place cards on the items explaining that they're for sale if a prospective buyer wants them.

If the client is the owner of an occupied home, the stagers try to persuade the client to buy the furnishings. That's because stagers, like buyers, sometimes are surprised by what isn't there.

"The homeowners become used to (the furniture) ...," Manchester said. "They become attached to it - and it goes right into the moving van."

Special to the Observer: Homeinfo@embarqmail.com

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