What Stays, What Goes: A Beginner’s Guide to Inclusions and Exclusions in Real Estate

Key takeaways: 

• Confirm every detail in writing. Don’t assume what you see stays. Always verify inclusions and exclusions in real estate in your purchase agreement before signing. 
• Understand the difference. Inclusions are items that are built in or attached to the property, while exclusions are personal or removable features the seller plans to take. 
• Lean on your agent’s expertise. A knowledgeable real estate agent can help you negotiate clearly, avoid misunderstandings, and ensure the contract reflects your expectations.

You’ve finally found it: the home that checks every box. Whether you’re a first-time buyer or relocating for new opportunities, this one feels special. There’s a tranquil koi pond in the backyard and a custom-built refrigerator in the kitchen that fits perfectly with the design. You make an offer, it’s accepted, and moving day can’t come soon enough.

But during your final walkthrough, you notice something’s missing: the pond is empty, and the refrigerator is gone.

Welcome to the world of inclusions and exclusions in real estate, where what stays with the home and what goes with the seller can sometimes surprise even the savviest buyers.

What are inclusions and exclusions in real estate?

When buying a home, it’s easy to assume that everything you see during a showing will stay after closing, but that’s not always the case. What remains or is removed depends on what’s listed in your purchase agreement or MLS description.

Here’s a quick breakdown:

Inclusions – Items that stay with the home after the sale. These are typically built-in or permanently attached, such as:

• Kitchen appliances (like built-in ovens or dishwashers) 
• Light fixtures and ceiling fans 
• Landscaping or outdoor structures that are attached to the property
  

Exclusions – Items the seller plans to remove before closing. These are usually personal property or easily detached, such as:

• Freestanding refrigerators or washers and dryers 
• Window treatments or decorative mirrors 
• Portable garden décor, even that koi pond setup

Understanding inclusions and exclusions helps buyers clarify what’s part of the deal and avoid last-minute surprises before move-in day.

How to negotiate inclusions and exclusions in real estate

Once you understand what stays and what goes, make sure those details are clearly outlined in your offer. During negotiations, buyers and sellers can agree on which items are included or excluded from the sale, and it’s essential to document everything in writing.

When you submit your offer, your agent will list specific inclusions and exclusions in the purchase contract, such as appliances, window coverings, or outdoor features. Clear documentation protects both sides; buyers know exactly what they’re getting, and sellers can avoid disputes later in the process.

Tips for negotiating effectively

Negotiating inclusions and exclusions can feel tricky, especially for first-time buyers. The key is to stay clear, flexible, and focused on what matters most.

Here are a few smart strategies:

• Prioritize your must-haves. Decide which items are nonnegotiable before submitting your offer, such as a custom refrigerator or patio furniture. 
• Put everything in writing. Verbal agreements can lead to confusion, so have your agent include all inclusions and exclusions in the contract. 
• Stay realistic. Sellers may have sentimental attachments to certain items, like chandeliers or garden statues; be open to compromise if the overall deal works in your favor. 
• Ask early. If you’re unsure whether an item stays, ask your agent during the showing before you get attached. 
• Lean on your agent’s expertise. Experienced agents know how to structure offers that balance your priorities with what the seller will accept.
  

By addressing exclusions upfront, buyers can move forward with confidence, knowing exactly what’s included in their new home.

Real-world example: When inclusions get confusing

Here’s a real-life scenario that shows why it’s important to double-check your contract.

A Maryland buyer toured a home that included window air-conditioning units, as noted in the listing. After the seller accepted their offer, the Non-Realty Items & Exclusions page of the initial contract was left blank. The buyer’s agent asked for the air-conditioning units to be added, and when the updated contract came back, it unexpectedly included additional appliances — a washer, dryer, and microwave — that weren’t part of the original offer.

Once both parties signed, those items became enforceable parts of the contract. If the seller had added them by mistake or refused to provide them later, it could have led to a dispute.

The takeaway: Always review every page of your purchase agreement carefully and confirm all inclusions and exclusions before signing. If anything seems unclear, consult your agent or a real estate attorney for clarification.

Frequently asked questions

1. Can I negotiate what’s included or excluded in my offer?
   Yes. Buyers and sellers can negotiate inclusions and exclusions as part of the offer. Once both sides agree, those terms must be listed in the written contract to be enforceable.
2. Are inclusions and exclusions legally binding?
   Yes. After both parties sign the purchase contract, all listed inclusions and exclusions become legally binding. If a seller fails to leave an agreed-upon item, the buyer may have grounds for dispute. Always review your final contract before closing.
3. Can exclusions affect a home’s value?
   They can. A home with high-end appliances or custom features included in the sale may attract more buyers. Removing key fixtures or appliances, however, could reduce the home’s perceived value or lead to tougher negotiations.

Final thoughts on inclusions and exclusions in real estate

Buying a home involves a lot of moving parts, and knowing what stays and what goes is one of the most important. By understanding inclusions and exclusions, you can avoid surprises and feel confident about what’s truly part of your new home.

Work with your agent early to document everything clearly, so when closing day arrives, you’ll get exactly what you expected, and nothing you didn’t.

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