The second paragraph of the standard form of Residential Contract of Sale in New York states as follows “This sale also includes all fixtures and articles of personal property now attached or appurtenant to the Premises, unless specifically excluded below.” Items typically included are the washer, dryer, refrigerator, cooktop, oven and dishwasher. Items often excluded are furniture and household furnishings, and sometimes certain chandeliers, outdoor statuary some duplicative appliances such as a second refrigerator/freezer in the garage, and other specified items.
Generally speaking, if there is any uncertainty, a purchaser should ask to specify in the contract whether an item is included or excluded. Otherwise, the parties run the risk that the purchaser will be surprised at the final walk through, and the issue will need to be addressed at the closing, which could result in a delayed closing.
*Thank you for taking the time to read this article. This article is part of our “From Contract to Closing; Demystifying NY Residential Real Estate” Series. Other aspects of residential real estate transactions in New York are discussed in other Parts of this series.
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