WHAT STAYS "ON THE  SOLD ATLANTAHOUSE"?

What moves with the seller and what stays with the  sold Atlanta house? Buyers, sellers and Atlanta real estate agents often aren't sure.Guidelines known as "the law of fixtures" can help. A "fixture" is former personal property that has been permanently attached to the land or structure, such as by bolting, nailing, screwing or cementing.For example, if you buy wood to build a fence and pile it by the garage, it is personal property. Then you decide to sell your home. The Atlanta or Cumming home buyer is not entitled to the wood lying beside the garage because it is still personal property, which is not included in the real estate sale.However, if before selling your home you build a fence with that wood, it becomes a "fixture" permanently attached to the property and is included in the sales price.The most troublesome fixture in a home sale seems to be the dining room chandelier. When purchased at a lighting store, a chandelier is personal property. But when it is installed with bolts to the dining room ceiling, it converts to real property and is included in the sale unless excluded in the contract.Many Atlanta Real Estate agents have had Atlanta home sellers who removed a chandelier on moving day, even though the buyers were expecting it to remain.Legally, unless the home sales contract excludes the chandelier, it is included in the home's price. Home sellers who want to take their chandeliers should remove them and install replacements before the residence is shown to prospective buyers.Some naive sellers or their realty agents hang a "not included" sign from the chandelier. That's like waving a red flag in the face of the buyer, who can then insist on including the chandelier in the sales price.A well-written fixture clause in a widely used home purchase contract says: "All existing fixtures and fittings that are attached to the property are (if owned by the Atlanta Real Estate seller and unless excluded below) included in the purchase price and shall be transferred free of liens. These shall be deemed to include, but are not limited to, the following: existing electrical, lighting, plumbing and heating fixtures; fireplace inserts and attached fireplace equipment; solar-energy systems; built-in appliances; screens, awnings, shutters, window coverings; attached floor coverings; television antennas, satellite dishes and related equipment; private integrated telephone systems; air coolers/conditioners; pool/spa equipment; water softeners; security systems/alarms; keys to all exterior and interior locks; garage door openers/remote controls; mailbox; and in-ground landscaping."If the Atlanta Home seller wants to exclude any fixtures, there is space to list them. Also, there is space in the printed form for the buyer to include any non-fixture personal property that the buyer wants included in the sales price, such as patio furniture, free-standing stove, refrigerator, washer, dryer and entertainment equipment.When a legal dispute arises about a fixture, some basic rules apply if the issue winds up in court.The most critical test for determining whether an item has been converted from personal to real property is its method of attachment to the land or structure. If it is nailed, bolted, glued, wired, built in or cemented, it has probably become a fixture that is included in the sales price, unless it is excluded.If an item can be removed without damage, such as taking down hanging drapes from a drapery rod, unscrewing a light bulb or unplugging a refrigerator, it is personal property that the home seller still owns, unless it is listed on the sales contract as included in the sales price. Wall-to-wall carpet that is nailed, tacked or glued to the floor has become a fixture and is included in the sales price. But area rugs that are not attached to the structure remain personal property that the seller can remove.Window coverings can be troublesome. Drapery rods screwed to the wall or ceiling are clearly fixtures included in the sale. But the drapes are personal property.If an item is not mentioned in the contract, other evidence might help determine whether it is included in the sale.If the multiple listing service description of a home says "beautiful entertainment center," that indicates the seller intends to include it in the sales price.Built-in appliances, such as a dishwasher or refrigerator, usually show the seller's intent to include them in the sale.In a court dispute to determine whether an item is an included fixture, the courts usually favor the  Atlanta home buyer over the seller, the tenant over the landlord and the lender over the borrower.