Never assume. While the standard agreement of sale in Pennsylvania does explain that all personal property that is “not attached” to the structure is deemed the property of the seller (and, therefore, the buyer shouldn’t expect it to be left in the house), there are different interpretations as to what “attached” means. Some of the most commonly debated objects include bathroom mirrors that may have been hung on walls (but look like they are glued on), wall sconces, depending on how they are secured, “work benches” (those heavy tables that have often been in a house through many owners because they are so hard to get out of the basement), wall mounted tvs and their brackets, washers and dryers and extra refrigerators that are often in basements or garages, sheds, trampolines, and swing sets.
If both buyer and seller realize up front that anything that IS removed from a wall may require that the wall be repaired, it may help determine the fate of some of the items in question. While there is no definitive rule about how large a hole needs to be filled, most agents suggest that if it’s bigger than a nail hole, the seller should “patch” the wall. Well, how well does the patch need to match the paint? That opens up a whole new can of worms. If the the buyer is planning on painting, no big deal, but what if she isn’t? Can you see why it’s a good idea to think about these inclusions and exclusions prior to settlement?
Another item that comes up is oil that is left in an oil tank. Some sellers expect to be reimbursed for the amount that’s left, while many buyers figure that it “comes with” the house. You might also want to consider if there is anything that you’d like to ask for, even if you are certain it is the sellers’ personal property. Seller is moving to a condo? Maybe he’d be wiling to leave (or sell you for a low price) the patio furniture. Love the kitchen stools that are the perfect height for the island? Maybe the seller with throw them in rather than crediting you $300 for a plumbing issue (and you’ve priced stools and know they’ll cost you $1,200 to buy). This business of inclusions and exclusions can be messy if it’s not discussed early on and you may even be able to find a mutually beneficial way of handling certain items if you speak up. My advice is to discuss with your agent particular items you expressly do or do not want left behind by the sellers at the time you’re writing the agreement, or, at the latest, as part of your reply to inspections.