#PropertyReport: Is a sale about the house or the furniture?

Few statements, other than the words “fixtures and fittings” or “furniture” make an agent feel uncomfortable while filling out a sales agreement.

In most cases, this is for good reason.

Most experienced agents will be able to relate at least one transaction where emotions were running high, and the deal almost collapsed over a coffee table!

It’s incredible, and dare I say irrational, that a multi-million-rand house sale can turn sour over a few thousand rands worth of items in the house.

When I raised this issue many years ago as a rookie to my boss at the time, her blunt response was, “Are you an estate agent or a furniture salesman?”

It is not as simple as that, of course, when finalising a sale, but I got the point.

Firstly, let’s deal with fixtures and fittings. What stays and what goes?

Generally speaking, this is not too complex. If something is attached or screwed into or onto a wall or a part of the house, it stays.

A good example of this is curtain rails. Curtain rails stay as they are screwed into the wall, but curtains do not as they can be unhooked.

The same applies to mirrors. If they are bolted into the wall they stay, if they are hanging on brackets, then they can be removed.

The fact that something was made to measure does not mean that it should stay if it is not bolted down.

However, sometimes they may stay, but in that case, it is at the discretion of the seller and needs to be negotiated.

Pool cleaning equipment and freestanding stoves, although not technically fixtures, in my opinion would also stay as the integrity of the pool is compromised without a Kreepy and the kitchen isn’t a kitchen without a stove.

The truth is, it can become a little subjective and a “grey area” for some items, and this is where my advice comes in.

All these items need to be accounted for, discussed with the property practitioner, and agreed upon before going to market with a fixtures and fittings list that your property practitioner should have.

This should remove all potential issues. Selling furniture with a home is however a different topic. My advice is to get the offer for the property agreed upon first, secure the purchase price, and only after that begin talking about furniture and items that one might want to buy or sell in a totally separate agreement independent from the house sale.

I have seen offers not conclude because valuable momentum has been lost trying to negotiate outdoor furniture and then the parties lose interest in the house.

As soon as multiple items are potentially involved, keep it separate. This is an emotional purchase and it’s often the small things that can muddy the waters.

Remember to fill out a fixtures and fittings form, record what stays and what goes, and only negotiate furniture after the sale is concluded. Keep it clean; keep it simple. Please note that selling properties fully furnished is an entirely different matter and it is treated differently.

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