Fixtures vs. Personal Property in Florida Home Sales: What Stays With the House

Fixtures vs personal property is the line that decides what stays with the house when you sell and what goes on the moving truck. In Palm Beach County, the Florida Realtors and Florida Bar purchase contract draws most of that line, not guesswork. If you know how the form treats appliances, TVs, shutters and pool gear, you can avoid the walk-through fight that sours so many closings. This guide is for sellers first, with notes for buyers along the way.

Key takeaways

• The Florida Realtors and Florida Bar contracts include "all existing improvements and fixtures," plus built-in appliances, built-in furnishings and attached wall-to-wall carpeting and flooring.
• Both the standard and AS IS forms also list personal property that stays by default, such as the range, refrigerator, dishwasher, ceiling fans, light fixtures, blinds and window treatments.
• Storm shutters and storm protection items and hardware are on that default list. So are TV wall mounts, but not the TV itself.
• Write anything you plan to keep into the exclusions line, paragraph 1(e), before you sign.
• The final walk-through exists to confirm that the included personal property is still there.

What fixtures vs personal property means

A fixture is an item that started out as personal property but became part of the house once someone attached it. A ceiling fan in a box at Home Depot is personal property. Once an electrician wires it into your living room ceiling, it is usually a fixture.

Personal property, by contrast, is anything movable that was never made part of the structure. Your sofa, your dining table and a freestanding bookcase all fall into this group. As a result, they leave with you unless you agree otherwise.

Courts have long used three questions to sort the gray areas. First, how is the item attached? Second, is it adapted to the house or the room it sits in? Third, did the person who installed it intend it to stay? Intent tends to carry the most weight. However, the simplest fix is the one legal texts recommend: name the doubtful items in the contract so nobody has to argue about them later.

How the Florida contract handles fixtures vs personal property

Most local sales use one of two forms from Florida Realtors and The Florida Bar: the standard Residential Contract for Sale and Purchase or the AS IS version. Paragraph 1 works the same way in both.

Paragraph 1(c) defines the real property. It includes the land "together with all existing improvements and fixtures," including built-in appliances, built-in furnishings and attached wall-to-wall carpeting and flooring. So a built-in wall oven, a built-in wine fridge or custom built-in shelving goes with the house by default.

That language is broad. In practice, buyers expect anything bolted, wired, plumbed or glued into the home to convey. If you want to keep it, you have to say so in writing.

The default personal property list

Paragraph 1(d) surprises many sellers. It names personal property that goes with the sale unless you exclude it. You must own the items, and they must be on the property as of the date of the first offer. Right now the list covers:

• Range(s) and oven(s), refrigerator(s), dishwasher(s) and the disposal
• Ceiling fans and light fixtures
• Drapery rods and draperies, blinds and window treatments
• Smoke detectors, thermostats and doorbells
• Garage door openers, security gate and other access devices, and mailbox keys
• Television wall mounts and mounting hardware
• Storm shutters and storm protection items and hardware

The form also states that this personal property comes with the purchase price, has no contributory value and must be left for the buyer. Then there is a blank line for "other personal property" the buyer wants to add. Finally, paragraph 1(e) is the blank where you list excluded items.

What is not on the list

Some common items are missing from the default list. For example, the washer and dryer are not named. Neither is a freestanding beverage fridge, an outdoor grill or a pool cleaning robot. If a buyer wants those, they should add them on the "other personal property" line. Otherwise, the seller can usually take them.

Fixtures vs personal property: the items that cause fights

Most walk-through disputes come from the same short list of items. Here is how the contract language and the three-part test usually play out. Still, your own contract controls, so read it line by line.

Fixtures vs personal property for mounted TVs

The wall mount and its hardware stay under paragraph 1(d). The TV itself is personal property and leaves with you. Sellers who pull the mount off the wall, leaving holes behind, may be taking something they agreed to leave. In-wall or in-ceiling speakers run through the structure, so buyers usually treat them as fixtures. Freestanding speakers, a soundbar and the receiver are generally personal property.

Hurricane shutters and impact protection

In South Florida, this one matters. Storm shutters, storm protection items and the hardware all stay by default. That covers accordion and roll-down shutters, plus the removable panels many owners keep in the garage. If you move the panels to a storage unit, you are removing included property. So put them back, labeled, before closing. Impact windows and doors are part of the structure and go with the house.

Fixtures vs personal property for pool equipment

Pumps, filters, heaters and automation panels connect to the pool system through plumbing and wiring. Buyers will treat them as fixtures. On the other hand, a robotic cleaner, a pool cover that is not attached, loungers and floats are movable. Because the default list says nothing about pool gear, write down any item you plan to keep.

Chandeliers and special light fixtures

Light fixtures are on the included list. If grandmother's chandelier hangs in your dining room, the buyer gets it unless you exclude it. The cleaner approach is to swap it for a standard fixture before you list. That way buyers never see it and never expect it.

Smart home devices

Thermostats and doorbells are on the list, and that includes smart versions. Security cameras, smart locks and hubs sit in a gray zone. Most attach with screws, but the accounts belong to you. Good practice is to leave hard-wired devices, then remove them from your account and reset them before closing so the buyer can set them up.

Plants, sheds and outdoor items

Landscaping rooted in the ground is part of the land. In contrast, potted plants and patio furniture are personal property. Buyers generally treat a shed bolted to a slab as a fixture. A small prefab resin shed sitting on pavers is less clear, so name it either way.

Fixtures vs personal property: how to exclude items cleanly

The best time to settle fixtures vs personal property is before the home hits the market. Here is a simple order of steps.

1. Walk the house with your agent. Make a list of anything attached that you want to keep, such as a chandelier, a mounted mirror or a custom closet system.
2. Remove or replace what you can. If an item is not in the house when buyers tour, it is not part of the deal. For instance, swap the chandelier for a basic fixture.
3. Put the rest in the listing. Add a note in the MLS remarks, such as "dining room chandelier excluded." Buyers and their agents then write offers knowing it.
4. Write it into paragraph 1(e). Every excluded item belongs on the exclusions line of the contract. A remark in the MLS alone is not part of the contract.
5. Be specific. "Washer and dryer in garage" beats "laundry." Brand or location details help when two of something exist.

Buyers can use the same logic in reverse. If you want the patio furniture, the washer and dryer or the golf cart, list them on the "other personal property" line. Otherwise, assume they are leaving.

The walk-through and fixtures vs personal property

The Florida contract gives the buyer a walk-through on the day before closing or on closing day. Under the AS IS form, its stated purpose is to confirm that all items of personal property are still on the property, that the seller kept up the home as required, and that the seller met the other terms.

So the walk-through is where a missing refrigerator or a bare TV wall shows up. When that happens, the usual fixes are a credit at closing, a return of the item or a delay. None of those are pleasant a few hours before signing. The easy prevention is a short checklist that matches paragraph 1 of your signed contract.

At closing, the form also lets the buyer ask for a bill of sale for the personal property. Your closing agent prepares it, and it transfers those items along with the deed. Read more about the paperwork in our guide to Florida closing documents.

Tips for sellers in Palm Beach County

A few habits keep the line between fixtures and movable items clear from listing to closing.

• Photograph your shutters and panels. Keep them stored and labeled on the property, and show the buyer where they are.
• Leave remotes, codes and manuals. Garage remotes, gate fobs and mailbox keys are on the included list.
• Do not swap appliances after you sign. The list covers items on the property as of the first offer. Trading a newer refrigerator for an older one invites a dispute.
• Patch holes left by excluded items. If you take a mirror or shelving, leave the wall in clean shape.
• Ask before you assume. If you are unsure about an item, raise it with your agent while you can still put it in writing.

If you are planning a sale in Boca Raton, Wellington or Jupiter, your listing agent should go over these items at your first meeting. Our Florida purchase contract guide covers the rest of the form.

Frequently asked questions

Is a refrigerator a fixture in Florida?

Technically, a freestanding refrigerator is personal property. However, the Florida Realtors and Florida Bar contracts list refrigerators as personal property that stays by default. So unless you exclude it in paragraph 1(e), it stays.

Can I take my mounted TV when I sell my house?

Yes, the TV is yours. The wall mount and mounting hardware stay by default, though, so plan to leave them unless your contract excludes them.

Do hurricane shutters stay with the house in Florida?

Under the standard Florida contract forms, storm shutters and storm protection items and hardware stay by default. That covers removable panels as well as permanently mounted shutters.

Do washers and dryers stay with the house?

They are not on the default list in the Florida forms. If the buyer wants them, they should write them into the "other personal property" line. Otherwise, the seller may take them.

What happens if the seller removes an included item?

The buyer will usually find it at the walk-through. Then the parties often agree to a credit, the return of the item or another fix. Because each case differs, talk to your agent or a real estate attorney if it happens to you.

Sources

• Florida Realtors and The Florida Bar, AS IS Residential Contract for Sale and Purchase (ASIS-7x)
• Florida Realtors and The Florida Bar, Residential Contract for Sale and Purchase (FR/BAR-7)
• Saylor Academy, Advanced Business Law: Fixtures

This article is general information, not legal, tax or financial advice. Contract forms change, so review your own contract with your agent or a licensed real estate attorney.

Selling in Palm Beach County? We will walk your home with you, flag the items buyers will expect to stay and write clean exclusions into your listing. Book a no-obligation listing consultation or see what your home is worth. Buying instead? Talk to a buyer's agent about what to add to your offer.