Round Rock, TX asked in Real Estate Law for Texas

Q: As a seller, am I permitted to take my personal property such as tv brackets, shelves, curtain rods, hooks etc.

There is no non realty adendum and I was told I could take anything not attached to the house but the buyers atty is saying I cannot take the stove. My agent no longer responds to me

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: If it's permanently attached to the house, it's a fixture - meaning it's a part of the real estate - and should not be removed without an agreement to do so. The appliances are typically not permanently attached, but just plugged in, and are therefore personal property that can be removed if the contract does not provide for them.

Brackets and shelving and curtain rods are trickier, since they're attached, but can easily be removed. However, typically it's not worth taking these things, as they have little or no value somewhere else, and are not worth fighting about.

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