You've probably put a lot into fixing up your home over the time you've lived there, if only for your own enjoyment. Perhaps you've added a custom kitchen island, installed flat-screen TVs, put giant planters by the front door, upgraded the dining room chandelier, fitted the hallway with a huge mirror, and so on. Now you're about to sell, and looking at these expensive items thinking, "Can I take them to my next home?"
But if you move them now, the house won't look as good for showings to prospective buyers. Then again, you might have heard that if a house is shown with "fixtures," buyers will expect those to remain after the sale. How do you deal with this issue?
Legal Rules Regarding Transfer of Home "Fixtures"
It's true that "fixtures" are, by U.S. law and tradition, expected to stay with the home when it's sold. These mostly immovable or built-in objects become part of the "real property," as distinguished from "personal property" (such as a lamp or waffle iron) which the seller is free to take with them.
But the line between real-property fixtures and personal property isn't always a bright one. Your state's law might offer some help with the definitions and your obligations as a seller. Nevertheless, as one of the steps to selling your home, you might have to make decisions and changes before showing the place or be prepared for some negotiating with the buyers.
Common legal descriptions of fixtures include things that are "affixed," "attached by roots," "embedded" "permanently resting," "irremovable," or "permanently attached" to the land or the permanent structures upon that land.
These terms have obvious application to things like trees and plants, built-in hot tubs, roofs and walls, cabinets and knobs, fireplaces, and so on. And they clearly don't apply to things like your car, plug-in coffee-maker, computers, regular-sized house plants in pots, and other so-called "stuff."
Major appliances, such as the stove and refrigerator, are often included in the sale despite being movable in most cases. In any case, they are large and significant enough that savvy buyers and sellers will make sure they've reached a clear agreement on whether they stay or go.
Some of the items you mentioned, however, could fall into a gray area and lead to misunderstandings. Your kitchen island might seem integral to the kitchen, even though it can be moved. Flat-screen TVs are sufficiently wired into the house that they're often considered fixtures, but not always, especially since regular TVs are NOT fixtures. Large potted plants are so close to being immovable that they, unlike smaller plants, could be considered fixtures.
The list goes on. Custom curtains, shades, or blinds are often considered fixtures (and curtain rods definitely are), but regular curtains not. Built-in bookshelves are fixtures, regular bookshelves not.
Instead of getting tangled up in the legal niceties, the key thing to realize is that you're basically seeking to achieve clarity with prospective home buyers. If something looks great where it is, and you're okay parting with it, it might be worth calling a fixture and leaving with the house. The various details can be negotiated. What you really want to avoid is a lawsuit by a home buyer who thought you were going to leave something behind and moves in after the close of escrow to find it gone.
Safest Approach: Remove Apparent Fixtures You Want to Keep Before Showing the House
A buyer who falls in love with your house can too easily fixate on a few key elements, such as that mirror, chandelier, or potted plants. To avoid disappointment and arguments, you might want to simply remove and install replacements for items that either are or look like fixtures. Do this before the photographers and visitors arrive at your house.
Consult your real estate agent or home stager before making new purchases to replace what you've removed. They no doubt have tips on affordable items with broad appeal to homebuyers.
Iffy Approach: Tell Buyers Which Items Are Not Included
If removing possible fixtures ahead of time is impossible, the next best thing is to make clear to buyers that you plan to take them with you.
You could literally affix labels to them during home showings, and mention details of what stays or goes in advertising sheets your agent passes out to visitors.
Next, you'd want to carefully scrutinize buyers' offers to purchase, which should specify which items they believe to be included or excluded, and amend the list as necessary.
By being attentive to buyers' perceptions and clarifying what comes with the house early on in the transaction, you can avoid the need to either pay to reimburse the buyers for items you took or hire a lawyer to defend you later.