THE MOVE OUT
PACKING & MOVING
n our area, most contracts require both ownership and possession to transfer to the buyers at the time of closing. This means you must have all your items packed, the house cleaned, and moving trucks full when you sign the paperwork.
This can be a lot on a seller especially when you are moving from one property to another on the same day. Like most things in life, packing takes more time than you plan. At the latest, we suggest that you pack your moving trucks the night before your closing date. The house should be empty and cleaned at least one hour before the scheduled closing time.
UTILITES
All utilities should be on through the time of closing. We suggest scheduling to turn off your utility unit after you leave the closing table. This way, if there is a delay, you don't have to scramble and get them turned back on. If you are closing late on a Friday, we ask you not to disconnect the water until the following weekday.
In addition to your utilities, make sure you DO NOT cancel your homeowner's insurance until after closing.
BUYERS WALK THROUGH
The morning before closing, the buyer will perform a walk through on the property. All utilities should be on at this time. The property needs to be vacant and clean as well. The buyer will be confirming that all repairs that were agreed upon have been completed, the condition of the home is the same as it was at the time it when under contract, and that the home has been cleaned.
WHAT STAYS WITH THE HOUSE
Just like the price; fixtures, improvements, and personal property all can be negotiated when selling a property. Because all things are negotiable, your contract might require certain items to be left behind for the buyers that aren’t discussed on this page. Typically though, certain items are left behind. If you have specific questions about your property please consult with your Georgia Move Realty agent.
When selling a property, buyers expect you to leave certain items behind. These items are laid out in the contract in two ways. The first items buyers expect you to leave behind are all the fixtures found on your property at the time the property went under contract. Georgia law (§ 44-1-6) defines fixtures as:
Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture that constitutes a part of the realty and passes with it.
In simpler words, this is anything permanently attached to the property. How we determine if it's permanently attached is by the method of attachment and its adaptability.
When looking at the method of attachment, we ask ourselves if the item is permanently affixed to the wall, ceiling, or flooring using glue, cement, pipes, nails, or screws. If so, it most likely is a fixture. Even though you can unscrew and remove a light fixture, it is still considered as affixed to the property and will probably be considered a fixture. In contrast, a lamp is just plugged into an electrical outlet and is not considered a fixture.
When considering adaptability, we need to see if an item is an integral part of the home, if so, then it is also considered a fixture. Flooring is an example. Although technically a floating laminate floor can be removed, it's considered part of the home and is a fixture. A built-in refrigerator could be unplugged and removed, but it is considered a fixture because it fits inside a specified space. A normal refrigerator is not considered a built-in. It is considered personal property because it can easily be unplugged and most other refrigerators can fit easily in its space.
As you can see fixtures are not always easily defined, so to help distinguish the difference between a fixture and personal property and to avoid any confusion we ask you to fill out a seller's disclosure.
On the last page of the disclosure, you will find a list of items that are to remain with the property. Anything checked on this list you should leave behind. These are considered fixtures when it comes to your sales contract.
Personal items you and the buyer agreed upon to leave with the property are the next area to examine. Sometimes these items are left at no additional cost to the buyers while other times buyers pay for them outside of closing. If buyers are requesting personal property to be part of the sales contract, you will usually find a list of items either in the special stipulations part of the contract or as an attached bill of sale.
Once you are under contract, your agent will e-mail you a list of what stays with the property. If you have any questions please don’t hesitate to ask.
SHOULD YOU HIRE CLEANERS?
Many sellers wonder how clean they should leave the property. When answering this question we first need to look at the contract. Did the buyers specify require that your property be professionally cleaned after you move out or that you have the carpets steam cleaned? If the answer to this question is no, then you DO NOT have to hire a cleaning crew when you move out.
The basic Georgia Association of Realtors sales contract requires a home to be broom swept. This means all personal items, including trash, need to be removed from the property. You may leave your trash can at the end of the street with trash in it, but the lid must be able to close. No trash should be outside the bin. All carpets should be vacuumed. Cabinets, shelves, and appliances should be wiped down.
