When you buy or sell a house, many people keep their focus on the big picture. This is excellent advice for the most part as it helps to keep you focused and motivated.

However, there is also a time and a place to zero in on the smaller details. The Agreement of Purchase and Sale (APS) outlines everything that will happen as the property ownership changes hands, such as any conditions of sale, the price and when the official closing date will be.

Inclusions and exclusions are also clearly stated in the APS. If overlooked, these details can be a point of contention during the closing process.

This is one aspect of the contract where we highly recommend a closer look at the fine print. In this post, we’ll talk more about what goes and what stays when you buy or sell a house.

Knowing how much your home is worth in today’s market is essential for a successful move. Start by booking your complimentary home evaluation with our experts.

Real World Examples of Clauses Gone Wrong

Woolcott Real Estate once handled a transaction where the buyer placed an offer for a house, with the firm expectation that the “elephant coat hook” would be included once they took possession. Upon closing day, they were distraught that the seller had taken it with them during their move.

Our agent had to scramble from one decor store to the next to find a suitable replacement. This one-of-a-kind piece was not readily available, but our agent really went above and beyond and eventually found exactly what the client was hoping would be part of their purchase.

This is one of many stories where a simple misunderstanding led to a less-than-stellar moving experience. Like a BBQ that was supposed to be left for the buyer, but all that remains on closing day is an empty patio.

The opposite can also happen. The buyer expects the ancient refrigerator or worn-out desk that reeks of mould to be removed, but they are ‘generously’ left by the seller.

To avoid disappointment, make sure the agreement spells out everything. If you’re buying and can’t imagine living in the house without that bike rack or built-in wardrobe system, make sure you use a clause or a condition that includes it. Otherwise, there are no guarantees.

Are you curious as to how to prepare your home for maximum impact? You’ll get some valuable insight in the posts below:

• Are DIY Upgrades Ever a Good Idea When Selling Your Home?
• Does Curb Appeal Still Matter When Selling A House Today?
• 5 Home Maintenance Tasks You Might Be Missing

Fixtures Versus Chattel: The Difference and Why It Matters

Unless the APS states differently, all fixtures stay with the house, whereas the buyer should not expect any of the chattels to be left behind. What’s the difference?

Imagine you could turn the house upside down and shake it.

• If it comes loose and falls out, it is a chattel.
• Anything that stays is a fixture.

In the case of the elephant coat hook, it was firmly bolted to the wall, making it a fixture. As such, the client had every right to be upset about finding empty screw holes instead of the hook!

Navigating Inclusions and Exclusions for Sellers

Selling your house can be hectic enough. The last thing you want when you believe the worst of it is behind you is an angry phone call from the buyer’s agent. A little communication and making sure everything is crystal clear in writing will help create a positive experience for everyone.

Although nothing is absolute if it isn’t specifically listed in the APS, some inclusions are common enough that they’re almost expected by the buyer. These can include window coverings, kitchen appliances or the washer and dryer, even if they are brand new. If you do not plan to leave these behind, be sure that they are listed as an exclusion before finalizing the agreement.

Other items can be a negotiation tool to make your home more appealing during a competitive market. For example, imagine you have invested in beautiful outdoor furniture for the backyard patio.

Whether you planned to take it or not, these items could be a valuable add-on for the buyer. Including it as part of the transaction can be the small detail that leads to a successful offer or counteroffer.

Planning to buy your first home? The posts below will help you plan effectively:

• Our Ultimate Handbook for First-Time Buyers
• What Is the FHSA?
• Buying a House in Ontario Is a Team Effort

Know What to Expect When Buying a House

As a home buyer, you want a streamline the process and avoid a lot of disappointment by getting prepared right from the beginning. You likely already have an idea of what you want and don’t want. You’ve done your research and know what to keep an eye out for on the home inspection report.

Another pro-tip is to go through the listing photos of a house you are considering and make a note of anything you want. If there’s a bike rack, a plug-and-play hot tub, an outdoor light fixture or a swing on the front porch that is non-negotiable for you, be sure to include it in your offer.

On the flip side, if you love everything about a house with the exception of the standalone shed in the backyard with the playful sign that says “Dad’s Outhouse,” then have your real estate agent add a condition of removal.

Without clarity and a written agreement, you just won’t know what may or may not be left behind once you get your keys. A detailed list of inclusions and exclusions means everyone knows what to expect, and is one more element of a rewarding home purchase or sale.

Do you have questions about buying or selling a home in today’s market? Our top agents in Hamilton & Burlington can help you get the results you need. Reach out today with any questions you have, or call 905-332-9223 to connect with our office.