Fact or Fiction? The Non-Realty Item Addendum Explained
How to Keep the Items Your Client Wants.
You’re walking through a home with your buyer, and they fall in love—not just with the house, but with that stainless steel fridge, the washer and dryer, and even the wine fridge in the game room. They assume these items are included because they’re listed in the MLS.
But does the seller have to leave them?
Nope. If it’s not attached to the house, it’s considered personal property, and the seller does not have to leave it—even if it’s in the MLS listing.
The Common Mistake Agents Make
You go under contract, everything seems smooth… until the final walkthrough.
Your buyer walks in expecting the fridge and wine cooler to be waiting for them—but they’re gone. Now, there’s confusion, frustration, and disappointment.
What went wrong?
You forgot the Non-Realty Item Addendum.
What’s the Solution?
If your buyer wants to keep any personal property that isn’t attached to the house, you MUST include it in the Non-Realty Item Addendum—otherwise, the seller is free to take it with them.
MLS mentions don’t guarantee anything. The MLS is simply marketing material—it doesn’t hold any contractual weight when it comes to personal property.
A signed contract doesn’t mean the items stay. Unless the items are legally part of the sale, they don’t convey.
If it’s not nailed down, it’s personal property. Refrigerators, washers, dryers, patio furniture, wall-mounted TVs (unless the mount is included)—these are all considered personal property unless specifically written into the contract.
How to Avoid This Mistake in Your Next Transaction
When your buyer wants to keep an item that isn’t attached to the house, immediately add it to the Non-Realty Item Addendum.
Confirm with the listing agent that the seller agrees to leave the item.
Make sure the addendum is signed and part of the contract before going under contract.
It’s a small step that saves big headaches.
The Bottom Line
If it’s not attached, it’s not automatically included.
If it’s not in the Non-Realty Item Addendum, it won’t be there at closing.
The good news? This is an easy mistake to avoid! Double-check your contracts, and if you’re unsure, reach out before closing to make sure everything is in order.
– Ara Fesperman
M. Stagers Realty Partners