You walk through a house and fall in love with the dining room chandelier. The seller has a wall-mounted TV, custom shelving, a smart thermostat and a beautiful mirror attached to the bathroom wall. You make an offer, close on the house and get the keys.
But wait. Where’s the chandelier?
One surprisingly common source of disagreement in real estate transactions is what actually stays with the house—and what the seller gets to take.
Fixtures vs. Personal Property
The basic concept is pretty simple. A fixture is an item that started as personal property but became part of the real estate because of the way it was attached and used. Personal property, on the other hand, generally remains the seller’s property unless the purchase contract says otherwise.
A freestanding sofa is obviously personal property. A built-in bookcase is much more likely to be considered a fixture. But plenty of items fall somewhere in between. Think about a wall-mounted television. The TV itself can easily be removed, but what about the mounting bracket bolted to the wall?
What about a refrigerator that fits perfectly into the kitchen but isn’t actually built in? A Ring doorbell? Security cameras? Floating shelves? A bathroom mirror? An EV charger?
Suddenly, the answer isn’t always so obvious.
How Does Ohio Decide What’s a Fixture?
Ohio has been dealing with this question for a very long time. In fact, one of the state’s foundational cases on fixtures, Teaff v. Hewitt, dates all the way back to 1853.
The Ohio Supreme Court identified three considerations that are still useful in understanding whether something has become part of the real estate: how the item is attached, how it is used with the property, and whether it was intended to become a permanent part of the property.
You don’t need to memorize a legal test when you’re buying or selling a house. There’s a much easier solution: Put it in the contract.
The Chandelier Problem
Imagine a seller has an expensive chandelier that’s been in the family for generations. To the seller, it’s a family heirloom that obviously goes with them. To the buyer, it’s the beautiful dining room light fixture that was hanging there during every showing and was part of what attracted them to the house.
Who’s right?
Rather than finding out after the contract has been signed, the seller should identify the chandelier as an exclusion from the beginning. Even better, remove it before listing the house and replace it with the fixture that will actually convey with the property.
The same principle works for buyers. If there’s something you specifically expect to remain, make sure the purchase agreement says so.
Technology Has Made This More Complicated
Modern homes have created an entirely new category of potential confusion. Smart thermostats, video doorbells, security cameras, smart locks, whole-home audio equipment and EV chargers may be physically attached to a house, but some also depend on accounts, subscriptions or other equipment belonging to the seller.
A buyer shouldn’t assume that every piece of technology they saw during a showing will automatically be functional—or even present—after closing. Sellers should think about these items before listing, and buyers should ask questions about anything that’s important to them.
Don’t Forget the Final Walk-Through
This is one reason the buyer’s final walk-through is so important. You’re not simply checking whether the seller moved out. You’re also confirming that the property is substantially in the condition you agreed to purchase and that items that were supposed to remain are still there. If the dining room chandelier has suddenly been replaced with a $20 light fixture, that’s a much better conversation to have before closing than afterward.
The Bottom Line
Most disputes over fixtures are completely avoidable.
Sellers: if there’s something attached to the house that you intend to take with you, identify it clearly before accepting an offer.
Buyers: if there’s something you saw during the showing that you absolutely expect to be there when you get the keys, make sure it’s included in the purchase agreement.
Because when it comes to refrigerators, chandeliers, TV mounts and smart-home equipment, “I thought it came with the house” isn’t nearly as useful as having it in writing.
This article is for general informational purposes only and isn’t intended as legal advice. The terms of an individual purchase agreement and the circumstances surrounding a particular item can affect whether it is included in a sale.
