As this is a Los Angeles Real Estate blog, I try to stay focused on real estate issues.  This is an often asked question:

We recently closed escrow and the seller replaced the crystal dining room chandelier with a cheap version.  We had a walk through before closing and were shocked to discover this at the time we moved in.  Can you provide a list of what stays and what goes at the time of sale?
WC

Dear WC,

According to the California Residential Purchase Agreement the following items are included in the sale:

“All existing fixtures and fittings that are attached to the property.”  The contract further lists:  “Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, windows and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms”.

If a home seller does not intend to include any of the above or if for instance their water softener is rented, the home seller and their Realtor must exclude it from the Purchase Contract.

For example:

*A built-in range or refrigerator is included but a freestanding range or refrigerator is not.

*The dining room chandelier is included UNLESS it is not permanently mounted but connected by a “swag type hook”.

*The beautiful potted plants flanking the entry are not included but the plants in the ground are.

*The built-in stereo speakers are included however the stereo is not.

I have been advised that when an item is nailed, bolted, wired, glued, built-in, cemented or planted, the personal property has become a fixture.  Some common areas of confusion are flat screen televisions, garden statuary and (plug in style) outdoor fountains. Home buyers and sellers should have their real estate agent clarify in the contract if these items are included or excluded from the sale. 

As far as the missing chandelier, have you discussed with your Realtor the recovery or a small claims court action? 

As published Saturday September 20, 2008 - Newspress Leader

9/21 Update: I received a phone call from a dear client last evening who explained to me that the swag type chandelier might be included... We both concurred that swag type light fixtures should be spelled out in the original offer to purchase so that there is no confusion.  Thanks "DB"