When you’re in the process of buying or selling a home, it’s crucial to understand what stays with the property and what doesn’t. One common question that often arises is, “Do curtains stay with the house?” In this article, we’ll provide a clear answer to this question and offer tips for both buyers and sellers to navigate this aspect of real estate transactions.
Understanding Property Inclusions in Real Estate
Before we dive into the specifics of curtains, let’s first establish some key terms in real estate. When it comes to property sales, items are typically categorized as either fixtures, personal property, or trade fixtures.
Fixtures
Fixtures are items that are permanently attached to the property and are considered part of the real estate. These items typically stay with the house when it’s sold. Examples of fixtures include built-in appliances, lighting fixtures, and, in some cases, window treatments like curtains.
Personal Property
On the other hand, personal property refers to items that are not permanently attached to the property and can be easily removed. These items usually belong to the seller and are not included in the sale of the home. Common examples of personal property include furniture, electronics, and, in many cases, curtains.
Trade Fixtures
Trade fixtures are a special category of items that are installed by a business owner for the purpose of conducting business. These items are typically removable and do not stay with the property when the business vacates the premises. However, trade fixtures are not usually relevant to residential real estate transactions.
Understanding the difference between fixtures and personal property is essential when it comes to determining what stays with the house. In the case of curtains, the classification can vary depending on several home factors, which we’ll explore in the next section.
Are Curtains Considered Fixtures or Personal Property?
Now that we have a basic understanding of property inclusions, let’s focus on the specific case of curtains. Whether curtains are considered fixtures or personal property depends on several criteria, including.
Permanence (How Attached)
One key factor in determining whether curtains stay with the house is how they are attached to the property. If curtains are hung using simple rods or hooks that can be easily removed, they are more likely to be considered personal property. On the other hand, if curtains are attached using specialized hardware or are integrated into the window frame, they may be classified as fixtures.
Intent of Installation
Another important consideration is the intent behind the installation of the curtains. If the curtains were installed with the intention of being a permanent part of the home’s decor, they may be considered fixtures. However, if the curtains were installed temporarily or for the purpose of staging the home for sale, they are more likely to be treated as personal property.
Adaptation to the Property
The degree to which the curtains are adapted to the specific property can also influence their classification. If the curtains were custom-made to fit the windows or if they have been altered to accommodate unique architectural features, they may be more likely to be considered fixtures. However, standard, off-the-shelf curtains are more likely to be treated as personal property.
Based on these criteria, here are some examples of curtains that typically stay with the house:
- Curtains that are attached using specialized hardware or integrated into the window frame
- Custom-made curtains that were designed specifically for the property
- Curtains that have been in place for an extended period and are considered part of the home’s fixtures
On the other hand, the curtains that usually go with the seller include:
- Curtains that are hung using simple rods or hooks that can be easily removed
- Standard, off-the-shelf curtains that were not custom-made for the property
- Curtains that were installed temporarily or for the purpose of staging the home for sale
As you can see, the classification of curtains can vary depending on the specific circumstances. In the next section, we’ll explore how regional and state variations in laws and customs can further influence whether curtains stay with the house.
Regional and State Variations in Laws and Customs
When it comes to determining whether curtains stay with the modern house, it’s important to consider the laws and customs of the specific region or state where the property is located. While some general guidelines apply across the board, there can be significant variations from one area to another.
Examples of Regional Variations
Here are a few examples of how laws and customs about keeping curtains can vary by location:
- In some states, like California, curtains are generally considered personal property unless they are specifically included in the purchase agreement.
- In other states, like New York, curtains may be more likely to be treated as fixtures, especially if they are custom-made or permanently attached to the property.
- In certain regions, like the South, it may be more common for sellers to leave curtains behind as a courtesy to the buyer, even if they are not technically required to do so.
These are just a few examples, and the specific laws and customs in your area may differ. That’s why buyers must research local real estate laws and consult with experienced agents who can guide the local norms and expectations regarding curtains.
Tips for Buyers
If you’re a buyer, here are some tips to help you navigate the question of whether curtains stay with the house:
- Research the local real estate laws and customs in your area to understand the general expectations around curtains.
- Ask your real estate agent about the specific practices and norms in the neighborhood or region where you’re buying.
- During the home inspection and final walkthrough, take note of the curtains and window treatments to ensure they are in the condition you expect.
- If you have any concerns or questions about the curtains, don’t hesitate to bring them up with the seller or their agent before closing.
By taking these steps, you can help ensure that you have a clear understanding of whether the curtains will stay with the luxury house and avoid any surprises or misunderstandings.
How to Clarify Whether Curtains Stay in Your Home Deal
Given the potential for confusion and variation in the treatment of curtains, both buyers and sellers need to take proactive steps to clarify whether curtains will stay with the house. Here’s how to do that:
For Sellers
If you’re selling your stylish home, it’s important to be clear about what is included in the sale and what is not. Here are some tips for handling curtains:
- In your listing and marketing materials, specify whether curtains are included or not. If you plan to remove certain curtains, make sure to note that as well.
- When negotiating with potential buyers, be upfront about your intentions regarding the curtains. If a buyer expresses interest in keeping the curtains, be willing to discuss and negotiate.
- In the purchase agreement, use an addendum or inclusion list to clearly state what stays with the house and what goes with you. This can help avoid any confusion or disputes later on.
- During the final walkthrough, be prepared to leave the curtains in place if they are part of the agreed-upon inclusions. If you plan to remove certain curtains, do so before the walkthrough to avoid any last-minute surprises.
For Buyers
As a buyer, you should also take steps to clarify whether the curtains will stay with the house. Here’s how:
- During showings and open houses, take note of the curtains and window treatments. If you like them and want them to stay, make sure to communicate that to your agent and the seller.
- In your offer, include a specific request for the curtains to stay with the house. If the seller agrees, make sure this is reflected in the purchase agreement.
- During the home inspection and final walkthrough, double-check that the curtains are in the condition you expect and that they are still in place.
- If you have any concerns or questions about the curtains, don’t hesitate to bring them up with the seller or their agent before closing. It’s better to address these issues proactively than to be surprised later on.
By following these tips, both buyers and sellers can help ensure a smooth and clear transaction when it comes to curtains.
Sample Contractual Language
To provide an example of how curtains can be addressed in a purchase agreement, here is some sample contractual language:
“The Seller agrees to leave the following items with the property at the time of closing: all window treatments, including curtains, drapes, blinds, and hardware, currently installed home. The Seller may remove any personal items, including curtains, that are not permanently attached to the property, provided that such removal does not damage the property.”
This language clearly states what stays with the house and what the seller can remove, helping to avoid any confusion or disputes.
Other Window Treatments and Fixtures: What Else Might Stay?
While curtains are the focus of this article, it’s worth noting that other window treatments and fixtures may also be included in the sale of a home. Here’s a brief overview of some common items and how they are typically treated:
Blinds and Shutters
Like curtains, blinds, and shutters can be classified as either fixtures or personal property, depending on how they are attached and the intent behind their installation. In general, blinds and shutters that are permanently attached to the window frame are more likely to stay with the house, while those that can be easily removed may go with the seller.
Valances and Cornices
Valances and cornices are decorative window treatments that are often used in conjunction with curtains or blinds. These items are typically considered personal property and can be removed by the seller, unless they are specifically included in the purchase agreement.
Rods and Hardware
The rods and hardware used to hang curtains, blinds, and other window treatments can also be a point of confusion. In general, if the rods and hardware are permanently attached to the wall or window frame, they are more likely to stay with the house. However, if they can be easily removed without damaging the property, they may go with the seller.
What Buyers Usually Expect
In most cases, buyers expect to receive the smart home in the condition they saw it during showings and open houses. This includes any window treatments and fixtures that were in place at the time. However, it’s always best to confirm these expectations in writing and to be clear about what is included in the sale.
What Sellers Might Take
Sellers may choose to remove certain window treatments and fixtures, especially if they have sentimental value or if they plan to use them in their next unique home. However, it’s important for sellers to be upfront about their intentions and to get the buyer’s agreement before removing any items that might be expected to stay with the house.
