When buying or selling a home, there’s often confusion about what stays and what goes. One question frequently arises among these uncertainties: “Do curtains stay with the house?” While it may seem minor, understanding what happens to curtains during a home sale can prevent misunderstandings between buyers and sellers.
| Category | Curtains | Curtain Rods/Blinds |
|---|---|---|
| Classification | Personal property (removable) | Fixtures (attached to walls) |
| Typical Outcome | Seller takes unless specified in contract | Stay with the house unless excluded in contract |
| Key Factors | – Easily removable – Often excluded unless negotiated |
– Permanently affixed – Considered part of the property |
Understanding Fixtures vs. Personal Property
One of the key concepts in real estate is the distinction between fixtures and personal property. This distinction determines what items stay with the house when sold and what items the seller can take with them. Let’s break this down.
What Is a Fixture?
In real estate, a fixture refers to any item that is permanently attached to the property. For example:
- Built-in appliances.
- Light fixtures.
- Plumbing installations.
These items are considered part of the property and are typically included in the sale unless explicitly stated otherwise.
How Do Curtains and Curtain Rods Fit In?
When it comes to window treatments, the classification can get tricky:
- Curtain rods and brackets: These are usually considered fixtures because they are attached to the walls. As a result, they typically stay in the house.
- Curtains or drapes: These are generally classified as personal property since they are not permanently attached. However, there are exceptions, especially if the curtains are custom-made to fit specific windows.
This distinction is crucial because it helps determine ownership during the sale.
Regional and Legal Variations
How Local Laws Influence What Stays
Real estate laws vary across regions, and what’s considered a fixture in one area may not be treated the same in another. For instance:
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- In some countries, curtains are always included in the sale unless specified otherwise.
- In others, curtains are automatically treated as personal property.
This is why it’s crucial to understand the local laws or consult a real estate agent to avoid surprises.
The Role of Purchase Agreements
A purchase agreement is a legally binding document outlining what the sale includes. To avoid disputes, buyers and sellers can explicitly state whether curtains, rods, blinds, or other window treatments remain with the property. A well-drafted agreement ensures there’s no room for ambiguity.
Buyer and Seller Expectations
When buying or selling a home, expectations around curtains and other window treatments vary significantly.
What Do Buyers Expect?
Most buyers assume window treatments, especially curtain rods and blinds, will remain with the house. Curtains, however, often fall into a gray area. Surveys and forums reveal:
- Buyers expect basic, non-custom curtains to stay, as they are part of the home’s functionality.
- Buyers may also assume that custom-made curtains will remain tailored to the property.
What Do Sellers Do?
On the flip side, sellers often:
- Take expensive or sentimental curtains with them.
- Leave behind curtains that don’t hold personal or monetary value.
This mismatch in expectations can lead to misunderstandings, highlighting the need for clear communication.
Custom-Made Curtains: A Special Case
Custom-made curtains deserve special attention because they often blur the line between fixtures and personal property.
Are Custom Curtains Fixtures?
Custom curtains are typically designed to fit specific windows in the house. Because of their tailored nature, they may be considered fixtures and are often expected to stay with the property. For example:
- Floor-to-ceiling curtains are crafted to match the room’s design.
- Curtains with unique dimensions that wouldn’t fit standard windows.
Advice for Sellers
If you’re selling your home and plan to take custom curtains with you, it’s essential to:
- Disclose this information to potential buyers upfront.
- Replace the curtains with standard options to avoid leaving windows bare.
Transparency is key to avoiding disputes during the closing process.
How to Handle Curtains in the Purchase Agreement
Clear Communication Is Key
To avoid misunderstandings, buyers and sellers must discuss window treatments during negotiations. Here are some tips for handling curtains in the purchase agreement:
- Specify what stays: List all included items, such as curtain rods, blinds, and curtains.
- Avoid assumptions: Don’t assume the other party understands your intentions.
Sample Clause for Curtains
Here’s an example of how curtains can be addressed in a purchase agreement:
The seller agrees to leave all curtain rods, blinds, and the following curtains: [list specific items]. The seller will remove any other window treatments before closing.
Practical Advice for Sellers
If you’re selling your home, here are some tips to help you navigate the issue of curtains:
- Decide Early: Determine whether you’ll leave or take the curtains before listing your home.
- Replace High-Value Curtains: If you plan to take expensive or sentimental curtains, consider replacing them with affordable options before showing your home.
- Be Transparent: Communicate to buyers what will stay and what won’t. Honesty builds trust and prevents disputes.
Practical Advice for Buyers
As a buyer, you can take proactive steps to ensure clarity regarding curtains:
- Ask Questions: During property viewings, ask the seller or agent about what’s included in the sale.
- Negotiate for Curtains: If you love the curtains, negotiate to have them included in the deal.
- Get It in Writing: Always document the purchase agreement’s agreements regarding curtains and other personal property.
Common Disputes and How to Resolve Them
Disagreements over curtains and other items are surprisingly common in real estate transactions. Here are some examples and solutions:
Examples of Disputes
- A seller removes custom curtains, leaving the buyer frustrated.
- A buyer assumes all window treatments are included, but the seller takes them.
How to Resolve Disputes
- Mediation: Buyers and sellers can work with their agents to find a fair resolution.
- Refer to the Purchase Agreement: The agreement should serve as the final authority on what’s included in the sale.
FAQs About Curtains and Home Sales
Do Curtain Rods Always Stay with the House?
Curtain rods are typically considered fixtures and stay with the house unless explicitly excluded.
What Happens If Curtains Aren’t Mentioned in the Agreement?
If curtains aren’t addressed in the purchase agreement, they are generally treated as personal property, meaning the seller can take them.
Can Buyers Request Specific Curtains Be Included?
Yes, buyers can negotiate to include specific curtains in the sale. However, this must be agreed upon and documented in the purchase agreement.
Conclusion
So, do curtains stay with the house? The answer depends on several factors, including whether they are considered fixtures or personal property, local laws, and the purchase agreement terms. To avoid misunderstandings, clear communication between buyers and sellers is essential.
Don’t leave these details to chance if you buy or sell a home. Discuss what stays and what goes, and ensure everything is documented in writing. This simple step can save you time, money, and frustration.
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