One bone of contention in many house sales is and what isn’t included in the final sale. Obviously enough, the property itself and the garden are included.
Also obvious is that family photos and the best set of china are not included. Mostly, quite a lot of people still seem to disagree on what can and cannot be included in the sale.
One item that usually has both the seller and buyer at their wit’s end is whether or not curtains are included in the sale.
So, if you were wondering if curtains come with a house, then we have just the answer you are looking for.
Curtains are usually considered personal property because they are not physically affixed to the house. This means that they are not included in the sale of a house. Curtains can just slide off the rod, and for this reason, most people classify them with other included personal items like loose furniture and clothes.
In this article, we will look at all that pertains to curtains in a house for sale.
Are they included in the sale?
Are they part of fixtures and fittings?
Curtains or no curtains when selling a house?
We will discuss all these at length, so if your interest is piqued, this will certainly be an enlightening read for you.
So sit back, relax, and read on to find out more!
Are Curtains Included in the Sale of a House?
Selling a home is a complex and complicated process that often takes a team of professionals to accomplish.
That there are laws in every state for this transaction only makes things more complex and confusing.
It’s also quite emotional to let go of a home you’ve had so many memorable moments in. It’s common to have questions about this process. If you are looking to sell your house, you may wonder whether your curtains stay or come with you when selling the home.
We get it. It can get frustrating. Not only are you forced to leave behind all those cherished memories in the house; now you’re dumbfounded at learning that you may actually have to leave behind more than that! Seems cruel, right?
It can be more than annoying for the buyer of the house. If you take something that you hadn’t negotiated to keep, you may end up tanking the wholesale or even facing a lawsuit.
So, by now, you are probably wondering whether curtains are included in the sale. You may have spent a fortune on those curtains, but are they supposed to be left behind?
Mostly, curtains are personal property because they aren’t like fixtures and are not permanently affixed to the house.
This means that you don’t have to include them in the house’s sale. They can just slide off the rod, and because of this, curtains are categorized with other non-included personal belongings.
You can therefore take them with you. This should come as good news, especially if you invested a ton of money in getting them.
There are, however, exceptions to this rule of thumb. If the buyer and seller had expressly agreed to have the curtains included in the sale, they must be left behind for use by the buyer.
Also, in some states, curtains are usually considered fixtures, and unless you exclude them in the contract, they should therefore be included in the sale. Let’s have a look at some of these states.
In the state of Texas, curtains (and blinds, too) are considered as fixtures, and if you plan on taking them with you, you are expected to exclude them from the sale.
In Washington DC, curtains are customized and “attached” and are part of the sale unless excluded. In Minnesota, if the purchase agreement included window coverings, then the curtains stay with the house.
In California, curtains do not stay in the house unless they are included in the sale agreement.
Whether they include curtains will majorly depend on the agreement between the buyer and the seller. In some states, it also varies.
But mostly, curtains are personal property, and they shouldn’t be included in the sale of a house. The contract should really say whether or not the curtains are to be left behind.
Are Curtains Part of Fixtures and Fittings?
If you have ever bought or sold a house, or are going through the process right now, then the chances are that you’ve certainly come across the phrase “fixtures and fittings.”
But while it may seem obvious what fixtures and fittings are, it’s worth knowing more than this for the property sale.
Because, believe it or not, even the smallest issue can cause contractual issues in the sale process and even lead to lawsuits.
The matter of fixtures and fittings can cause buyers and sellers exchanging angry emails after the sale, and this can also result in tanking the wholesale.
So to be on the right side of things, it serves to be knowledgeable about what fixtures are. So before we can answer whether curtains are part of fixtures and fittings, we need to explore what they are.
Essentially, fixtures are items in a property that are attached to the building or fixed if you prefer. Fixtures will typically stay in the house after the sale. Unfortunately, there is a lot of confusion about what qualifies as fixtures.
Some buyers are usually bummed when they find out that their favorite items have been removed from the home upon moving in.
Fixtures include any items that are glued or screwed onto the walls, ceiling, or floors of the property.
Fittings aren’t attached to the property unless by a screw or nails. Curtains fall under this category. They are, however, not included in the category of fixtures and fittings since they are actually personal property.
So now to answer the question.
Curtains may seem attached to the house (fixtures) because they go on a rod that is usually affixed to the walls by screws.
However, because curtains can slide on and off and are interchangeable, they are personal property instead. So curtains aren’t technically part of fixtures and fittings, they are actually personal items, and they are usually not included in the sale.
There are, however, some exceptions to this rule depending on the state where the home sale is taking place. In Texas, for example, curtains are regarded as fixtures and are therefore included in the sale by default unless otherwise mentioned in the contract.
Are Curtain Rods Considered Fixtures?
Ah, the dreaded curtain rod question. Certain items are grey areas regarding whether they can be termed as fixtures, and curtain rods make it to that list.
An analogy that’s often given is to imagine that your house has been turned upside down; the items that fall out would be considered fittings, and everything else is a fixture.
By this logic, curtain rods are considered to be fixtures. Curtain rods are anchored and affixed to the wall, and for this reason, they are actually fixtures. So they have to be included in the sale, and they stay after the sale.
There have been reports of some sellers moving out with the curtain rods, and this only serves to inconvenience the new owner, who may have been counting on the rods to hang their curtains. Therefore a foolproof contract mentions if curtain rods are included in the sale.
However, these definitions are not foolproof. What really matters is that you fill the “fixtures and fittings” form, which lists the items that are included in the sale.
If your realtor follows best practice, they should present this to the buyer’s representative before exchanging contracts so that they are reviewed and signed by both parties involved.
So the curtain rods, mostly, are considered as fixtures because they are affixed and attached to the house, while the curtains are actually personal items.
Curtains or No Curtains When Selling a House?
So with all the above in mind, should the curtains be included or not when selling a house.
Well, curtains are actually personal property and whether or not you include them when selling a house is really up to you unless you are in a state such as Texas.
To keep safe, however, you should probably mention them in the sale agreement. This will ensure that the buyer knows for sure that they won’t be getting the curtains.
If you are comfortable leaving the curtains for the house’s new owner, then that too is okay. So curtains or no curtains when selling a house? – It all depends on you!