What Stays and What Goes: A Michigan Seller's Guide to Personal Property

Every year we mediate a handful of closing day disagreements that could have been avoided with a 10-minute conversation up front. The buyer expected the dining room chandelier to stay. The seller took it. Now we have a problem with $15,000 in escrow and two unhappy parties on the verge of cancelling.

The good news is that Michigan purchase agreements are clear about what stays with the home. The better news is that you can write exactly what you want into the contract, removing all ambiguity. Here is the practical guide we walk our sellers through.

The Basic Rule: Fixtures Stay, Personal Property Goes

Under Michigan law, anything physically attached to the home is a "fixture" and conveys with the sale unless specifically excluded. Anything that can be moved without damaging the property is "personal property" and stays with the seller unless specifically included.

The test most courts apply asks three questions:

• Is it attached? Bolted, nailed, glued, hardwired, plumbed, or built in.
• Was it intended to be permanent? A bookshelf bolted to a wall to keep a toddler safe is different from a built-in bookcase designed for that room.
• Does removing it cause damage? If pulling it out leaves holes, exposed wires, or a missing chunk of cabinetry, it is probably a fixture.

What Typically Stays

The Michigan standard purchase agreement includes the following items by default:

• Attached light fixtures, including chandeliers and ceiling fans
• Built-in appliances (dishwasher, built-in microwave, wall oven, cooktop)
• Window treatments including blinds, shades, and attached curtain rods
• Garage door openers and remotes
• Smoke and carbon monoxide detectors
• Bathroom mirrors that are mounted
• Built-in shelving, cabinetry, and benches
• Water softeners (if owned, not rented), well pumps, sump pumps
• Attached TV mounts (the mount, not always the TV)
• Outdoor playsets if anchored, sheds, and attached fencing

What Typically Goes With the Seller

• Refrigerator, washer, and dryer (these are often negotiated either way)
• Free-standing furniture
• Curtains and drapes (the rods stay, the fabric goes unless specified)
• Wall-mounted televisions (unless specifically included)
• Potted plants and outdoor furniture
• Personal items, artwork, and decor
• Rented equipment (water softener under contract, alarm panels under monitoring contract)

The Gray Areas Where Disputes Happen

These are the items we see fights over most often:

• Refrigerators. Some buyers assume they stay because they were in the listing photos. If the seller plans to take it, it must be excluded in writing.
• Mounted TVs. The mount stays as a fixture. The TV is personal property. If a buyer wants the TV, write it in.
• Custom window treatments. Drapes that were custom-made for a room often have sentimental value to the seller. Spell it out.
• Outdoor items. Hot tubs, fire pits, sheds, swing sets, and even some landscaping can be unclear. A 200-pound urn at the front door looks like landscaping but is personal property.
• Garage workbenches and shelving. If they are bolted to the wall or floor, they typically convey. Free-standing ones do not.
• Smart home equipment. Nest thermostats, Ring doorbells, and smart locks. The thermostat is a fixture and stays. The Ring doorbell is more debatable. Write it down either way.

How to Write Exclusions Properly

The Michigan purchase agreement has a section for inclusions and exclusions. The biggest mistake we see is sellers writing vague language like "dining room chandelier excluded." Vague exclusions cause arguments.

Write specifically:

• Vague: "Chandelier excluded"
• Better: "The crystal chandelier in the formal dining room is excluded. Seller will replace with a standard builder-grade fixture prior to closing."

That second version eliminates ambiguity, sets expectations for replacement, and prevents the buyer from showing up at the final walkthrough and finding bare wires hanging from the ceiling.

Photographs Save Closings

One of the simplest things we ask sellers to do is take dated photos of every excluded item before listing the home. If a dispute arises later, the photos prove what was there and what was clearly being removed.

Likewise, buyers should review listing photos and either confirm in writing what they expect to stay or assume the seller intends to take any item that is clearly personal.

The Final Walkthrough Catches Most Issues

Buyers in Michigan have the right to a final walkthrough, typically the day before or the morning of closing. This is the time to verify that everything that was supposed to stay is still there, and everything that was supposed to be removed has been.

If something is wrong, this is the moment to raise it. Once you sign closing documents and take possession, recovering missing items or replacing damaged ones gets much harder.

The Bottom Line

Most personal property disputes are not about money. They are about expectations. A 15-minute conversation between agents at the offer stage prevents almost all of them. Be specific, write it down, and take photos.

If you are preparing to list your home, your REALTEAM agent will walk through the property with you and flag every item that needs to be addressed before going live. We do this on every listing because we have learned the hard way that ambiguity costs money and goodwill on closing day.