What Stays and What Goes When You Sell Your Mid-Michigan Home

One of the most common surprises at a final walkthrough isn't a leaky faucet. It's a missing light fixture, a TV mount with holes where the TV used to be, or a shed the buyer thought came with the house. These little misunderstandings can sour a smooth closing, and almost all of them can be avoided with a little planning before you list.

Whether you're selling in Flint, Burton, Grand Blanc, Fenton, Davison, Flushing, Linden, Swartz Creek, Lapeer, or over in Livingston or Oakland County, here's how Michigan looks at "what stays," and how to make sure you and your buyer are on the same page.

Fixtures Usually Stay, Personal Property Usually Goes

In Michigan, items that count as fixtures are treated as part of the real estate, which means they normally transfer with the house. Personal property (your furniture, rugs, and anything you could simply pick up and carry out) normally goes with you.

Michigan courts use a three-part test to decide whether something has become a fixture. The Michigan Supreme Court laid it out in Wayne County v Britton Trust (1997):

1. Annexation. Is it attached to the home, either physically or in a way that ties it to the property?
2. Adaptation. Is it suited to, or part of, the way that part of the home is used?
3. Intent. Do the visible facts show it was meant to stay permanently? Courts look at how and why it was attached, not what the owner privately intended.

The Michigan Department of Treasury summarizes the same test and gives examples like screens built to fit a particular building's windows (Revenue Administrative Bulletin 2016-4). The catch is that Michigan decides these questions case by case, so there's no official list of what's always a fixture. That's exactly why the purchase agreement matters so much.

The Purchase Agreement Is What Really Counts

Michigan's Seller's Disclosure Statement has a section where you mark whether appliances and systems, like the range, dishwasher, refrigerator, washer, dryer, water softener, and garage door opener, are in working order. But the form itself says those items are included in the sale only if the purchase agreement so provides (MCL 565.957).

The same form also says that, unless otherwise agreed, household appliances are sold in working order except as noted, without warranty beyond the date of closing, and that you'll tell the buyer right away if anything in the home's structural, mechanical, or appliance systems changes before closing. So if the dishwasher quits two weeks before closing, let your agent know right away. My post on the Michigan Seller's Disclosure Statement goes deeper on the rest of the form.

The practical takeaway: don't rely on assumptions or general rules. If something is staying or going, put it in writing.

The Gray Areas Where Disagreements Start

These are the items I see cause the most confusion. None of them are automatic either way, so decide early and say so clearly:

• Light fixtures and chandeliers, especially a family piece you love.
• Window treatments: curtain rods, blinds, and drapes.
• TV wall mounts and wall-mounted speakers.
• Appliances, including the washer, dryer, and a second fridge or freezer in the garage or basement.
• Smart home devices like video doorbells, smart thermostats, and cameras.
• Outdoor items: sheds, playsets, hot tubs, generators, fire pits, and garden structures.
• Lake and waterfront items: docks, boat lifts, and shore stations, which matter a lot on our Genesee, Livingston, and Oakland County lakes.
• Mounted shelving, mirrors, and garage storage systems.

If You Lease It, It's Not Yours to Sell

Some equipment in Mid-Michigan homes is rented or leased rather than owned, such as a water softener, a propane tank owned by the supplier, a security system, or solar equipment on a contract. If that's the case, tell your agent before you list so it's handled in the paperwork, and check with the company about how a transfer or cancellation works. Your Seller's Disclosure Statement should still be filled out accurately for those items based on what you know.

Swap It Out Before You List

If there's something you want to take with you, like Grandma's chandelier, the easiest move is to replace it before your listing photos and showings. Buyers can't fall in love with what they never see. If you can't swap it in time, list it as an exclusion in the listing and make sure the exclusion carries into the purchase agreement.

A Simple "What Stays" Plan

1. Walk through every room, the garage, and the yard and make two lists: staying and going.
2. Replace any fixtures you plan to keep before photos.
3. Give your agent the exclusions so they're noted in the listing.
4. Confirm the purchase agreement spells out included and excluded items.
5. Gather manuals, remotes, codes, and keys for everything that stays.
6. Remove what's going carefully, and patch any holes from mounts or shelves.
7. Leave the home in the condition your agreement says, ready for the final walkthrough.

For the rest of the timeline, see my guide to what happens from accepted offer to closing.

Getting Ready to Sell?

I'd be glad to walk through your home with you, help you sort out what should stay and what should go, and make sure it's all written clearly so closing day is a happy one for you and your buyer. Call or text me at (810) 962-4908 and let's talk.

Kennedy Christensen, Tremaine Real Estate. This post is general information, not legal advice. Every home and purchase agreement is different, so talk with a real estate attorney about questions on your specific contract.