Important points:
Confirm all details in writing. Don’t assume that what you see will stay the same. Before you sign, be sure to check which properties are included and excluded from the sales contract. Please understand the difference. Inclusions are items that are built into or attached to the property, and exclusions are personal or removable features that the seller plans to include. Take advantage of your agent’s expertise. A knowledgeable real estate agent can help clarify negotiations, avoid misunderstandings, and ensure the contract reflects your expectations.
I finally found it. This is a house that checked every element. Whether you’re a first-time buyer or relocating for new opportunities, this feels like something special. The backyard features a tranquil koi pond, and the kitchen features a custom refrigerator to match the design. Even if you make an offer and it is accepted, the day to move never arrives.
But during the final walkthrough, I realized something was missing. The pond is empty and the refrigerator is gone.
Welcome to the world of inclusion and exclusion in real estate. There, what stays in the home and what goes with the seller can surprise even the savviest buyer.
What are inclusions and exclusions in real estate?
When buying a home, it’s easy to assume that everything you see during the showing will remain after the showing closes, but that’s not always the case. What stays or is removed depends on what is written in the purchase agreement or MLS description.
Here’s a quick breakdown:
Included – Items that remain in the home after the sale. These are typically built-in or permanently attached as follows:
Kitchen appliances (such as built-in ovens and dishwashers) Lighting fixtures and ceiling fans Landscaping or outdoor structures attached to the property
Excluded – Products that the seller plans to remove before closing. These are usually personal property or easily separated, such as:
Freestanding refrigerator or washer and dryer Window treatments or decorative mirrors Portable garden decorations, even a koi pond installation
Understanding what’s included and excluded can help buyers clarify parts of the contract and avoid last-minute surprises before move-in date.
How to negotiate real estate inclusions and exclusions
Once you know what’s left and what’s gone, make sure those details are clearly spelled out in your offer. During negotiations, the buyer and seller can agree on which items to include or exclude from the sale, and it is essential to document everything in writing.
When you submit an offer, your agent will list specific items that are included and excluded in the purchase contract, such as appliances, window coverings, and outdoor fixtures. Clear documentation protects both parties. Buyers know exactly what they’re getting, and sellers can avoid disputes later in the process.
Tips for negotiating effectively
Negotiating inclusions or exclusions may seem difficult, especially for first-time buyers. The key is to remain clear, flexible, and focused on what matters most.
Here are some smart strategies.
Prioritize your necessities. Decide which items are non-negotiable before you submit an offer, such as custom refrigerators or patio furniture. Put everything in writing. Verbal agreements can be confusing, so ask your agent to include everything that’s included and excluded in the contract. Please stay realistic. Sellers may have emotional attachments to certain items, such as chandeliers or garden statues. Be willing to compromise if the whole deal works out in your favor. Please ask questions early. If you are unsure whether your item will remain, please ask the agent during the showing before it is attached. Take advantage of your agent’s expertise. An experienced agent knows how to put together an offer that balances your priorities and what the seller will accept.
By addressing exclusions upfront, buyers know exactly what is included in their new home and can move forward with confidence.
Real-world example: When inclusion is confusing
Here’s a real-life scenario that shows why it’s important to double-check your contracts.
A Maryland buyer inspected a home with a window air conditioning unit, as described in the listing. After the seller accepted the offer, the non-real estate items and exclusions pages of the original contract were left blank. The buyer’s agent asked for air conditioning to be added, and when the updated contract came back, it unexpectedly included additional appliances such as a washer, dryer, and microwave that weren’t included in the original offer.
Once signed by both parties, those items become an enforceable part of the contract. If the seller adds them incorrectly or refuses to provide them later, it can lead to a dispute.
Bottom line: Be sure to carefully review all pages of the purchase agreement and make sure you know everything that’s included and excluded before you sign. If you have any questions, contact your agent or real estate attorney for clarification.
FAQ
Can I negotiate what is included and excluded from my offer?
yes. Buyers and sellers can negotiate inclusion or exclusion as part of the offer. Once both parties agree, those terms must be put into a written contract to be enforceable. Are inclusions and exclusions legally binding?
yes. Once both parties sign the purchase agreement, all inclusions and exclusions listed become legally binding. If the seller does not leave the agreed goods, the buyer may have grounds for dispute. Always review the final contract before closing. Can an exclusion affect the value of a home?
can. Homes that include high-end appliances or custom features in the sale are likely to attract more buyers. However, removing major fixtures and appliances can reduce the value of your home and make negotiations more difficult.
Final thoughts on inclusions and exclusions in real estate
Buying a home involves a lot of moving parts, and knowing what’s left and what’s gone is one of the most important things. Understanding what’s included and excluded can help you avoid surprises and give you confidence in what’s truly a part of your new home.
Work with your agent early to clearly document everything. That way, when the deadline approaches, you’ll get exactly what you expected and nothing you didn’t expect.