In a real estate sale contract, the fixture and personal property clause is a crucial aspect that delineates what stays with the property and what can be removed by the seller before the sale is finalized. Here’s an explanation:

Fixtures: These are items that are permanently attached to the property and are considered part of it. Examples include built-in appliances, light fixtures, ceiling fans, and even landscaping. Essentially, if removing an item would cause damage to the property or alter its structure, it’s typically considered a fixture.
Personal Property: This refers to movable items that are not permanently attached to the property. Examples include furniture, rugs, curtains, and kitchen appliances that are not built-in. These items can be taken by the seller unless specifically included in the sale agreement.
The fixture and personal property clause in a real estate contract clarifies which items are considered fixtures and will remain with the property after the sale, and which are considered personal property and may be taken by the seller. It’s essential for both the buyer and the seller to agree on these terms to avoid misunderstandings or disputes during the transaction process.

To avoid confusion, it’s common for sellers to provide a list of items that they intend to include or exclude from the sale. This list is typically attached to the contract as an addendum. Buyers should carefully review this list to ensure they understand which items will remain with the property and which will be removed by the seller.