What Items are "Included" and "Excluded" in a Purchase Contract?

Successful negotiations between buyers and sellers begin with proper preparation of the purchase offer documents by a real estate sales professional. 

In what is called a “balanced” real estate market; one in which there is enough homes for sale at any point in time to reasonably satisfy buyer demand, the buyer, seller and real estate professionals understand and expect there will be compromises that will be made through negotiation which will result in a mutually acceptable purchase contract.  The buyer and seller may identify terms, conditions and items included that they do not wish to negotiate out of the purchase offer. 

Fixtures are items found in a home that are attached to the house in some manner.  A fixture might be described as anything nailed down, screwed down or glued down.  Examples of fixtures would be lighting fixtures, wall to wall carpeting, light switches, etc.  There are other items that are in place that are not attached such as a free-standing kitchen range, dishwasher or refrigerator. 

Generally, when a seller places their home on the market for sale, they identify what items they wish to include in the sale of their home with their listing agent.  Those items are then placed in the house listing and may include items like kitchen appliances.  Personal property may also be offered as part of the sale of the home.  Examples of personal property would be snow blowers and lawn mowers.

A buyer agent should discuss the items included with the prospective purchasers to ask if the they would like to include those items in a purchaser offer.  Some buyers may not wish some or all the items to be included.  In this case, the prospective buyers should ask their real estate professional to list these items as “excluded” in the purchase offer. 

An experienced real estate professional will offer guidance and, with a buyer client’s approval, craft a sensible negotiation strategy in the instance where more than one offer is presented at the same time on the same home.  That scenario can greatly impact what items are included or excluded.

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