Why Declaring Inclusion in Your Property Contract is Vital

When buying or selling a home, every detail matters, especially in the property contract. One area often overlooked but incredibly important is declaring what’s included in the sale. This isn’t just about listing a few appliances here and there – it’s about setting clear expectations for both the buyer and the seller. As a Realtor® in Colorado with experience guiding clients through countless transactions, I can tell you that addressing inclusions right upfront can save you from some real headaches later on.

What’s an Inclusion Anyway?

Inclusions cover anything that will stay with the property after closing. Think appliances, fixtures, window treatments, even that backyard hot tub that caught the buyer’s eye. Anything that might be considered “part of the home” is typically up for discussion as an inclusion.

For buyers, inclusions clarify what comes with the home they’re purchasing. For sellers, it’s just as essential to outline what they’re leaving behind and what they intend to take with them. Misunderstandings around inclusions can lead to stressful last-minute negotiations, disappointment, or, in worst cases, legal disputes.

Why It’s More Important Than You’d Think

At a glance, inclusions might seem minor, but failing to declare them can cause huge issues. In one transaction, we had a scenario where a buyer expected all the furniture in a beautifully staged home would stay – after all, it looked like it belonged. But the seller, of course, had no intention of leaving these pieces. Without specifying these items clearly, both parties were left feeling frustrated.

Think about how many different items could cause confusion – smart home technology, sheds, even large mirrors or wall-mounted TVs. Some of these can seem like permanent fixtures, while others might be harder to agree upon. This is why it’s best to get very clear, very quickly.

Protecting Yourself as a Buyer

For buyers, ask questions early. If there’s something specific you want, whether it’s the kitchen fridge or that great outdoor grill, make sure it’s written in the contract. Don’t assume it will be there just because it was in the photos – sometimes, sellers swap out these items before closing, and without an agreed-upon inclusion, they’re under no obligation to leave them behind.

Your real estate agent can help you spot potential inclusions you might overlook. They’ve seen it all and can guide you on what to ask for, especially if you’re unsure of how it might typically work.

Protecting Yourself as a Seller

Sellers, don’t assume buyers “just know” you’ll be taking certain items with you. If it’s important to you – whether it’s your favorite chandelier or an antique door knocker – make that clear. And if you’re planning to replace any of these items with something similar, discuss this with your Realtor® so they can negotiate those terms right from the start.

It can be tempting to think, “Oh, it’ll all work out,” but I’ve seen too many situations where something as small as a missing fixture causes real upset. Clear communication, backed by a well-drafted inclusion clause in the contract, is the best way to avoid any misunderstandings.

It’s About Clarity and Fairness

At the end of the day, clarifying inclusions isn’t just about making things easier for closing – it’s about building trust between buyers and sellers. When everyone knows what to expect, the entire process feels fairer and flows smoother. Buying or selling a home is a big deal, and the last thing you want is a rocky handoff over something that could have been sorted out in the paperwork.

So, whether you’re listing your home or shopping for one, take the time to declare what stays and what goes. It’s a small step that makes a big difference – and can keep the entire process as enjoyable and seamless as it should be.