Can Texas Sellers Keep Curtains, TV Mounts, or a Favorite Light Fixture?
Identify items you intend to keep before negotiating. The signed contract, not a moving-day assumption, determines the property's included items and exclusions.
Do not assume that an item stays yours because you bought it or can remove it. The Texas resale contract identifies improvements and accessories included with the property and has a separate place for items the seller will retain. Make intended exclusions specific before the contract is signed.
By Ellen Pool, Pool Realty Group. Brokered by eXp Realty LLC.
Scheduled publication: .
Why an attached item needs attention
The TREC resale form includes permanently installed and built-in items among improvements. Its examples include lighting fixtures and television mounts and brackets. It separately lists accessories such as curtains and rods, blinds, and controls for certain improvements. The list is broader than appliances alone.
A television and the wall mount are not the same object. Neither are a decorative light fixture and the furniture beneath it. We recommend walking through each room with that distinction in mind rather than labeling a whole space as personal belongings.
Build a precise retention list
- Identify the item and its location so another person can tell exactly what you mean.
- Distinguish the object from its mount, wiring, bracket, controller, or other related part.
- Tell your real estate team before marketing and negotiations so the intended treatment is consistent.
- Review the actual exclusion language in the offer rather than assuming a separate checklist changes the contract.
- Discuss removal, any agreed replacement, and resulting condition before accepting terms.
Under paragraph 2D of the cited form, excluded improvements and accessories retained by the seller must be removed before delivery of possession. The parties still need to understand which items they have actually excluded.
What about smart-home access?
The form's accessory language includes certain transferable software and application rights used to control improvements. Ask how a gate, garage door, or other included device will be transferred without sharing personal credentials. Do not promise that a subscription or manufacturer's account is transferable without checking its terms.
Resolve uncertainty before moving day
A photographed item, a verbal comment, and a signed exclusion can communicate different things. If your intentions change after contracting, ask for appropriate written agreement rather than removing the item unilaterally. The completed contract governs; an attorney can advise on an ownership dispute. our home-selling services can help you organize the questions before listing.
Sources and further reading
This is general educational information, not advice for a specific property or transaction. Consult the appropriate qualified professionals about legal, tax, lending, insurance, permitting, or technical questions that apply to your situation.
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