When buying or selling real estate, one of the most common areas of confusion involves what items are included in the sale. Is the dining room chandelier part of the property, or can the seller take it? Does the refrigerator stay, or is it considered personal property? The distinction often comes down to whether something is a fixture (permanently attached) or a chattel (movable personal property).
Chattels are movable items of personal property, such as appliances, furniture, and decorations, that are not permanently affixed to the real estate itself. Understanding what constitutes chattels is crucial in 2025’s real estate market, where transparency and detailed contracts help prevent disputes and ensure smoother transactions.
An Overview of Chattels
What Are Chattels?
Chattels are items of personal property that can be moved and are not permanently attached to the land or structure. Unlike fixtures, which are considered part of the real estate, chattels remain the property of the seller unless explicitly included in the sales agreement.
Common Examples of Chattels
Furniture (sofas, tables, beds)
Appliances (refrigerators, washers, dryers if not built-in)
Rugs and curtains
Artwork, mirrors, and decorative pieces
Outdoor items such as grills or patio furniture
Chattels vs. Fixtures
One of the most important distinctions in real estate transactions is between fixtures and chattels.
Fixtures: Permanently attached to the property (e.g., built-in cabinets, central air conditioning). They typically transfer to the buyer with the sale.
Chattels: Freestanding, movable items (e.g., couches, portable appliances). They usually do not transfer unless specified in the contract.
Legal Tests for Determining Chattels vs. Fixtures
Courts and contracts often rely on three key tests:
Annexation Test: Is the item physically attached to the property?
Adaptation Test: Was the item customized for the property?
Intention Test: Did the owner intend for the item to remain permanently?
Why Chattels Matter in Real Estate
Buyer Expectations: Buyers need to know exactly what is included in their purchase.
Seller Protections: Sellers must clarify what they plan to remove to avoid disputes.
Appraisal Impact: Fixtures affect property value, but chattels generally do not.
Contract Clarity: Well-drafted purchase agreements prevent misunderstandings.
Chattels in Real Estate Transactions
Listing Phase: Sellers should specify which chattels are included or excluded.
Negotiation: Buyers may request certain chattels (like appliances) to remain.
Sales Contract: Items should be clearly listed in the agreement to avoid confusion.
Closing: Only items specified in the contract are legally transferred with the property.
Practical Examples
Kitchen Appliances: A built-in oven is a fixture, but a standalone refrigerator is a chattel unless included in the sales contract.
Lighting: A mounted chandelier is a fixture, but a floor lamp is a chattel.
Window Coverings: Custom-built shutters are fixtures, while curtains are chattels.
Chattels and Taxation
In some jurisdictions, chattels are taxed differently from real estate:
Real Property Taxes: Apply to fixtures and land.
Personal Property Taxes: May apply to chattels like equipment or machinery in commercial settings.
Chattels in 2025 – Modern Trends
Smart Appliances: Portable smart devices (like Wi-Fi-enabled refrigerators) are often treated as chattels, unless hardwired.
Staging Confusion: With more homes staged for sale, buyers must clarify whether displayed chattels (like furniture) are included.
Sustainability Factor: Eco-friendly movable items (like portable solar panels) are becoming more common in negotiations.
Frequently Asked Questions
What are chattels in real estate?
Movable personal property items, like furniture and appliances, not permanently affixed to the home.
Are appliances considered chattels?
Yes, unless built-in (e.g., a dishwasher). Portable appliances like refrigerators are typically chattels.
Do chattels transfer with the property?
Not automatically. They must be specified in the purchase agreement.
How can I tell if something is a chattel or a fixture?
Ask whether it is permanently attached, customized for the home, or intended to remain.
Are curtains fixtures or chattels?
Curtains are usually chattels; custom blinds or shutters are fixtures.
Do chattels affect property appraisals?
Generally no, since they are not considered part of the real property.
What if a seller removes an item not listed as excluded?
If it is a fixture, the seller may be in breach of contract. If it is a chattel, they are entitled to take it.
Can chattels be financed in a mortgage?
No, mortgages typically cover real property, not personal property.
Do landlords have to include chattels in rental agreements?
Yes, leases should specify what furniture or appliances are provided.
What happens if a buyer assumes chattels are included?
Without explicit mention in the contract, the seller is not obligated to include them.
Related Terms and Concepts
Fixtures: Items permanently attached to the property.
Bill of Sale: Legal document transferring ownership of chattels.
Personal Property: Movable items not classified as real estate.
Real Property: Land and everything permanently attached to it.
Staging: Temporary furnishing of a property for marketing purposes.
Purchase Agreement: Contract specifying included or excluded items in a sale.
Wrap Up – Chattels
Chattels play an important role in real estate transactions by distinguishing movable personal property from fixtures. Buyers and sellers alike must understand this difference to avoid disputes, ensure fair pricing, and draft clear contracts.
In 2025, with increased use of smart technology and a growing emphasis on contract precision, clarity around chattels is more important than ever. Whether you’re purchasing a single-family home or a commercial property, knowing what counts as a chattel ensures transparency, avoids legal confusion, and leads to smoother closings.
