What is an inclusion, exclusion, or fixture?

Summary: An overview of fixtures, inclusions (personal property included in the sale), and exclusions (real property excluded from the sale) as practiced in Silicon Valley real estate.

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If you want to sell your home, it’s very important to understand the “law of fixtures” as it relates to what you leave and what you take with you – unless the inclusion or exclusion is specified in the contract.

In brief, built in or affixed items become real property and transfer with the sale (or as Realtors say, “conveys”). If something is built in, like a light fixture, but the seller and buyer agree in the contract that the seller can remove it, then it becomes an exclusion, as it is excluded or omitted from the sale.

If something not built in is allowed to remain behind, such as a garden hose, pool table, or curtains, then it’s an inclusion, as it’s included even though it is not real property.

What is a fixture?
Generally speaking, a fixture is any item affixed or attached to the house, townhouse, condo or property which is installed with the intention that it be there permanently. The only exception is if something is bolted for earthquake safety.

Examples of fixtures (items which stay or are included):

built in in cabinets (in the bathroom, kitchen, or anywhere else)
lights mounted from the ceiling
built-in ovens or other appliances which are built-in
in-ground (not potted) rose bushes, trees, flowers, bulbs, etc.
built in fire screens
a fireplace insert
window coverings
wall air conditioning unit
built in speakers
built in wine fridge
hot tub (unless it is a portable model, which most aren’t)

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