šŸ“¦ What Is an Inclusions & Exclusions Clause in Real Estate?

An inclusions and exclusions clause in real estate identifies which appliances, fixtures, and personal property are included in the saleā€”and what items the seller will remove before closing. It prevents misunderstandings by clearly listing what stays with the home and what does not.

How an Inclusions & Exclusions Clause Works

A real estate purchase agreement typically distinguishes between fixtures (items attached to the home) and personal property (items the seller can take). This clause removes ambiguity by listing everything that will remain or be removed.

Common inclusions:

  • Built-in appliances (dishwasher, oven, microwave)
  • Light fixtures and ceiling fans
  • Window blinds and shutters
  • Mounted shelves and cabinetry
  • Garage door openers and remotes

Common exclusions:

  • Washers and dryers
  • Freestanding refrigerators
  • Decorative curtains (not blinds)
  • Portable sheds or outdoor furniture
  • Mounted TVs (but often the seller leaves brackets)

The clause helps prevent disputes by clearly defining property rights before closing.

Why the Inclusions & Exclusions Clause Matters

Benefits for Buyers:

  • Avoids surprises about missing appliances at move-in.
  • Clarifies which items add value to the purchase.
  • Ensures the home is delivered as expected.

Benefits for Sellers:

  • Protects items they want to keep.
  • Prevents last-minute disputes with buyers.
  • Sets clear expectations about personal property.

Example of an Inclusions & Exclusions Clause

A purchase agreement for a home might state:

  • Included: Dishwasher, range oven, built-in microwave, blinds, and attached light fixtures.
  • Excluded: Sellerā€™s personal refrigerator, washer/dryer, patio furniture, and living room curtains.

This ensures both parties agree on exactly which items remain with the property at closing.

Why It Matters for FSBO Sellers

FSBO sellers must carefully outline what is staying with the home to avoid disputes with buyers, especially when showing the property without an agent.

  • Prevents misunderstandings during showings.
  • Provides clarity for multiple buyers making offers.
  • Makes negotiations easier by clearly defining item ownership.

Sellers using Flat Fee MLS through Brokerless benefit from cleaner offers and fewer post-inspection disputes.

Frequently Asked Questions

Are appliances automatically included in a home sale?
No. Only attached fixtures are assumed included unless specified.

Do curtains stay with the home?
Curtains are typically excluded; blinds usually stay because they are installed fixtures.

What if the seller removes an included item?
The buyer may request replacement, compensation, or terminate under certain clauses.

Can buyers request additional items?
Yes. Buyers can negotiate for any personal property to be included in the agreement.