Which of these is not something thats normally included in a standard North Carolina residential sales contract?

An offer to purchase and contract NC is an agreement between two parties within the realm of realty in North Carolina. These contracts begin with an offer and become legally binding once the offer is accepted.

What Is the North Carolina Offer to Purchase and Contract?

If you plan to sell your house in the state of North Carolina, you'll want to make sure your home is ready to sell. This could include major home improvement projects or just some new paint and cleaning. Once you've gained interest from a potential buyer, they will put forth an offer with a North Carolina offer to purchase and contract.

This home-selling contract is one of the most important legally-binding documents in any transaction regarding real estate. The North Carolina Association of Realtors develops offer to purchase and contract documents to be used in sales throughout the area. Members of this association have a joint forms committee, that also includes members of the North Carolina Bar Association, which is responsible for developing forms and legal documents.

A North Carolina real estate agent will work with you when you're ready to sell or buy a home. Home buyers can learn about the terms and conditions included in purchasing a home in the state. If they're prepared to move forward for a particular property, the agent will fill out an offer to purchase and contract will the specific offer the buyer has agreed to on the form.

Some other important details included on an offer to purchase and contract include:

• The due diligence fee
• The due diligence period
• Earnest money
• Date for settlement
• Specific items to be left in the home or removed from it (appliances, etc.)
• Terms and conditions of the loan
• Closing cost requests
• Details of the home warranty

Certain addendums may also be added to the 12-page form of the initial offer from the home buyer. Homeowners association (HOA) requirements, conditions, or fees might be listed. If the home buyer has any property assessments performed, those findings could be detailed in the document as well.

Because these forms are so long, detailed, and important, it's a good idea to make sure you have a realtor or lawyer look over it with you and make any necessary clarifications or answer any questions you might have.

From Offer to Contract

The offer to purchase and contract does not start out as a contract, but simply an offer. The home seller has some options when they receive an offer to purchase and contract from a home buyer. Here are the options:

• Accept the offer as it stands (meaning that you agree to everything detailed in the document)
• Reject the offer as it stands (complete rejection of the contract)
• Prepare a counter-offer (accept some aspects of the original offer but with some changes)

If a seller chooses to create a counter-offer, this will be presented to the buyer and discussed with the agent. This could turn into a negotiation period with multiple offers and counter-offers, but that can be a good thing if each party is willing to compromise a bit. It's important to be sure that your realtor is working to get you the best deal.

Once both parties come to an agreement, the buyer and seller will each sign the form. This act of signing the document is what turns the offer to purchase into a purchase contract. Along with the signatures of both parties, due diligence fees and earnest money will also be exchanged.

Due Diligence and Earnest Money

Earnest money is a sort of down payment from the buyer to the seller on the process of the offer. This money acts as a good faith payment to show the buyer's thankfulness for the seller considering their offer, missing opportunities for other buyers, and going through the process with them. Ideally, the offer is eventually accepted and the contract is signed, in which case the earnest money is returned to the buyer.

Due diligence periods and fees allow the buyer the time to do their due diligence when it comes to inspecting the property and such, but they pay a fee to the seller and agree on a time period. As long as the sale closes within the due diligence period, the fee is credited back to the buyer, but if not, their fee and earnest money can be held by the seller.

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Are you counting on key features on a home you’re purchasing? Fixtures—or items physically attached to the home—typically stay with the house. Unfortunately, there’s often confusion as to what qualifies as a fixture, and some buyers may find their favorite items removed from the home upon move-in.

Here’s how to tell whether they’re fixtures—and whether they're included with the sale.

Key Takeaways

• The sales contract should define fixtures and include them when you buy a home.
• If a fixture is attached to the house when it's listed, you should receive that fixture when you buy the home.
• Appliances, electronics, and other specific items are not considered fixtures.
• Everything is negotiable when buying and selling a house, as long as it is the contract.

What Is a Fixture and What Isn't

Here’s what a typical sales contract says is a fixture and is therefore included in the sale of a property: 

Unless specifically excluded by this Agreement, the purchase price shall also include the following, as and if now installed, stored in, or located on the Property: all presently existing plumbing, heating, electrical and central air conditioning systems; and all other permanent or attached fixtures including but not limited to, all existing shutters, awnings, wall-to-wall carpeting, radiator covers, cabinets, shelves, mirrors fixed in place, attic/exhaust fans, lighting and plumbing fixtures, and landscaping.

As a general rule, if removing an item takes a screwdriver or would damage the property, it’s considered a fixture. Items customized to the property are also usually fixtures.

Note

Still not sure whether something is included in your sale? You can usually use the MARIA tests to determine what’s a fixture and what isn’t:

• Method of attachment: Is it permanent or easily removed?
• Adaptability: If it is readily removable (like a floating floor), is it integral to the home?
• Relationship of parties: In a dispute between buyer and seller, the buyer is likely to prevail.
• Intention of the party: When installed, was it meant to be permanent?
• Agreement between the parties: What does the purchase contract say?

Confusion on Fixtures

You may be surprised to learn what people believe are or are not fixtures (also called “component parts” in some states). For example, many sellers believe any item they’ve personally installed in the home can go with them when they sell, and that's not how it works—not unless it’s disclosed upfront.

Let’s say a new homeowner can't find the aesthetic beauty in the ugly and dirt-cheap ceiling fan installed by the builder. To fix that annoyance, she buys an expensive whisper-quiet ceiling fan with an upgraded finish to match her accent furniture. She figures the fan belongs to her and not to the house, so she can take it and install her beloved ceiling fan in her new home.

If the seller's heart is attached to that ceiling fan, she should remove it and reinstall the ugly ceiling fan before listing her home for sale, because otherwise, her ceiling fan remains a fixture.

5 Things Not Usually Included in a Home Purchase

Refrigerator, Stove, Wine Fridges, Washers, and Dryer

While it might be customary for a seller to leave a refrigerator or stove in the kitchen, it is not required. Even though the appliances are large, heavy, and difficult to move, if they are not permanently affixed to the property, they are not fixtures and can be removed. Refrigerators (and wine fridges) can be unplugged and removed. If there is an automatic icemaker, it is easily detached, and the water system can be turned off by a shutoff valve.

A seller can shut off the gas valve and remove a gas stove or, in the case of an electric stove, simply unplug it. A washer and dryer can be easily unplugged and removed as well. All of these appliances are usually considered personal property.

Fish in a pond

While the pond or water feature itself is typically a fixture and non-removable, the fish are personal property. Many people who raise koi consider the fish their pets. The fish aren’t fixtures, and the sellers are free to take them to their new property unless otherwise stipulated in the sales contract via an exclusion or addendum.

Above-Ground Hot Tub and Swimming Pool

Freestanding hot tubs and swimming pools can be easily disconnected and removed. If it is located in the yard and not inside the house, it is most likely not a fixture and is personal property. In some instances, sellers might want to leave the pool or tub for the buyer (it could help the home command a higher sales price), but if the buyer doesn't want it, the seller may need to remove it.

If you’re a buyer and don't want the hot tub or pool currently at the home you’re purchasing, you should specify that in your purchase offer.

Window Treatments

Blinds and shades that are attached to the window are typically considered fixtures. However, drapes or curtains that can easily slide off a rod are generally considered personal property. The confusion often begins in the master suite when a seller has a bedspread or duvet cover that matches the window treatments. Understandably, the seller might want to take the window treatments.

The truth is that the window treatments probably will not fit any of the windows in the new home. If window coverings are not specified in the purchase contract, and the seller plans to take them, it's a good idea to mark the window coverings as an excluded item in the purchase contract.

Home Theater Systems

In most states, a home theater system—including its exterior speakers and television—is considered personal property. The brackets and mounts, however, could be considered fixtures unless excluded from the purchase contract.

The Bottom Line 

If you’re a buyer and want to make sure any of the above items are included in your purchase, then address them specifically in your offer. If you do not want any of the items (or if you’re a seller wanting to keep something you’ve installed in the home), then make sure to note the items as exclusions. These two simple steps remove any doubt or confusion at the closing table.

Frequently Asked Questions (FAQs)

Are appliances included in a home sale?

Most appliances don't have to be included in the sale of a home. They aren't considered fixtures because they can be unplugged, and no property damage will result from their removal. However, things such as built-in ovens are considered structural parts of the home and would be included. If you are interested in having the appliances included with the home sale, you may put this into the contract with the seller.

Is a showerhead or curtain rod considered a fixture that's included with a home?

While showerheads and curtain rods can easily be removed with minor or no damage to the home, they are still included with the purchase of the house. When they are installed, these additions are considered a permanent installation, which classifies them as a fixture. If you don't want these fixtures, you can always come to a deal with the seller to have them removed.

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