Buying A Home
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are gas logs "personal property"?

We are selling our home and it is under contract.  In the contract it says "no personal property will convey, except:  and the sellers wrote in "fridge, microwave, oven, range, blinds, light fixtures, ceiling fans, and swingset".

They didn't write in the gas logs, and we would like to take them with us.  Opinions?  Thanks

DD1 5/07 DD2 9/08 mc 7/11 DS 7/12

Re: are gas logs "personal property"?

  • I'd check with your realtor just to make sure, but the general rule in my area is "if it's attached to the house, it stays with the house".

    The only things that are attached to the house that don't automatically become part of the house around here are paintings and pictures. TVs (and their mounting brackets), blinds, curtain rods and curtains, appliances, shelves, etc all are considered "part of the house" where I live. If you need a tool to take it down, it stays.

  • I'm a buyer and I would expect the gas logs to stay with the house. If you took them, I would expect a credit to replace them.
  • imageNextChapter:
    I'm a buyer and I would expect the gas logs to stay with the house. If you took them, I would expect a credit to replace them.

    This. I never considered that the previous owners of our house might take the gas logs when they moved out.

    I thought the gas logs were part of the fireplace. I didn't know anyone removed part of a fireplace when they moved. Then again, I've only had wood-burning fireplaces until my current house.

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  • I agree that I would consider gas logs part of the house.
  • I have never heard of anyone taking our gas logs, nor light fixtures, nor ceiling fans. when selling a home. Appliances are routinely left in the home as well in our area, but it is not unusual for someone to ask to take them with them if they are new. 
  • My gut is that you need to leave them but check with your realtor as there are state-specific laws as to what automatically conveys with the house.  If they are supposed to stay with the house, you could ask your agent to check with the buyers' agent to see if the buyers care about getting the logs.  If they don't plan to use the fireplace or want a different style of log or something, it's possible they may just tell you that you can keep them.
  • When you have questions about specific items, it is always best to ask for clarification.  Where we live, gas logs would stay, but the fridge, stand alone microwaves, swingsets, and chandeliers (very specific about this) are only conveyed if specified. 

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  • imagesrs5624:

    I'd check with your realtor just to make sure, but the general rule in my area is "if it's attached to the house, it stays with the house".

    The only things that are attached to the house that don't automatically become part of the house around here are paintings and pictures. TVs (and their mounting brackets), blinds, curtain rods and curtains, appliances, shelves, etc all are considered "part of the house" where I live. If you need a tool to take it down, it stays.

    TVs??  Like, if you have a flat screen plasma mounted on the wall, it stays?

    image
  • imagenursecramer:
    imagesrs5624:

    I'd check with your realtor just to make sure, but the general rule in my area is "if it's attached to the house, it stays with the house".

    The only things that are attached to the house that don't automatically become part of the house around here are paintings and pictures. TVs (and their mounting brackets), blinds, curtain rods and curtains, appliances, shelves, etc all are considered "part of the house" where I live. If you need a tool to take it down, it stays.

    TVs??  Like, if you have a flat screen plasma mounted on the wall, it stays?

    Not in my area!  Non "built in" items are personal property and the holes are expected to be patched and painted.  TVs, brackets, free hanging shelves, curtain rods, "soft" window treatments (drapes, valences, etc) are considered personal property.  Fridges, washers/dryers, non mounted microwaves are also considered personal property. 

    Crafts for Lily
    My Valentine Bookends (2~13~13, 2~15~09)
    image
  • imagenursecramer:
    imagesrs5624:

    I'd check with your realtor just to make sure, but the general rule in my area is "if it's attached to the house, it stays with the house".

    The only things that are attached to the house that don't automatically become part of the house around here are paintings and pictures. TVs (and their mounting brackets), blinds, curtain rods and curtains, appliances, shelves, etc all are considered "part of the house" where I live. If you need a tool to take it down, it stays.

    TVs??  Like, if you have a flat screen plasma mounted on the wall, it stays?

    Yep. The section of the contract that goes over what conveys and what doesn't gets pretty lengthy and detailed.

    The realtors always instruct the sellers to make sure anything that is bolted to the wall is specified.

    It's odd but people have scored free tvs that way.

  • imageNextChapter:
    I'm a buyer and I would expect the gas logs to stay with the house. If you took them, I would expect a credit to replace them.

    Ditto if the fireplace is supposed to have gas logs inside, you leave them. 

    image

    Are you united with the CCOKCs?

  • First of all, talk to your Realtor. Second, review your contract.

    In my opinion, they are plumbed fixtures and would convey with the property.

    Talk to your Realtor and get their input and talk to them about a solution.

    Good luck!

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  • Our seller took the gas logs with them. They were specifically reserved in the contract, along with a ton of other stuff, some understandable, some not. She reserved the logs, the backyard swingset, ALL her window treatments, ALL the doorknobs(?), and their appliances.

    When we offered we let her keep the swingset and appliances and we kept everything else. She countered back (on a full price offer in a terrible market) specifically to maintain the gas logs. It wasn't a hill to die on for us so we took it and 3 years later still haven't bothered to replace the logs.

  • Why would you want the logs?  It's a serious question since I've owned a few gas fireplaces and never considered taking the logs.
  • imagerandomCanadian:
    Why would you want the logs?  It's a serious question since I've owned a few gas fireplaces and never considered taking the logs.

    I wonder this too. I would imagine another gas fireplace would already have the logs, so what use are they?

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  • Thanks for all of the responses.  We purchased the gas logs two years ago and ordered a nice set (maybe you pay more for realistic flame, heat/flame adjustability, fake embers etc).  Anyway they were over $500.  I know a lot of people don't care for gas logs and won't use them or would take them out and throw them away.  After consulting with a real estate attorney, we decided to install a replacement set of gas logs with similar style and heat output, that was on sale at Lowes, and take the expensive set with us. 
    DD1 5/07 DD2 9/08 mc 7/11 DS 7/12
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