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What Stays With the House in a Georgia Home Sale

What Stays With the House in a Georgia Home Sale

Few closing-week surprises feel as personal as finding the dining room chandelier gone or a bare bracket where a television used to hang. Fixtures in a Georgia home sale are governed by a short state statute and, in most metro Atlanta transactions, by a detailed checklist that travels with the Georgia REALTORS contract forms. Knowing how the two work together lets sellers decide early what goes with them and lets buyers confirm in writing what they are buying. This guide explains the process only. It is not legal advice, and questions about a specific contract belong with a Georgia real estate attorney.

What Counts as a Fixture Under Georgia Law?

Georgia defines fixtures in O.C.G.A. 44-1-6. The statute says anything intended to remain permanently in its place, even if it is not actually attached to the land, is a fixture that is part of the realty and passes with it. Machinery that is not attached and is movable at pleasure is not part of the realty, and anything detached from the realty becomes personal property the moment it is detached.

The statute turns on intent rather than bolts and screws, and two reasonable people can read the same chandelier or wine refrigerator differently. That is why the standard Georgia forms do not leave the question to the statute alone. They ask the seller to say, item by item, what stays and what goes before anyone signs.

How Does the Georgia REALTORS Contract Decide What Stays?

The Georgia REALTORS purchase and sale agreement starts with the property itself. Its opening paragraph says the buyer agrees to buy and the seller agrees to sell the real property "including all fixtures, improvements and landscaping therein." The detail of which items stay usually comes from a fixtures checklist in the seller's disclosure forms, which are designed to be exhibits to the agreement.

The Fixtures Checklist

The Georgia REALTORS Seller's Property Disclosure Statement (F301) and the Seller's Disclosure of Latent Defects and Fixtures Checklist (F302) both include a fixtures checklist, and each describes itself as an exhibit to the purchase and sale agreement. The checklist language is direct: regardless of an item's status as a fixture, the seller has the right to remove all items on the checklist that are left blank. Items that are checked or marked remain with the property.

Other checklist provisions shape the process:

  • Items identified as remaining mean those specific items, including any solely necessary or required controller, as they existed in the property as of the Offer Date.
  • No such item may be removed unless it is broken or destroyed. If one is removed, it is to be replaced with a substantially identical item if one is reasonably available, which the form defines as the same or newer model in the same color and size with the same functions or better.
  • Attached items that are not staying are to be carefully removed in a manner designed to do minimal damage, and the seller is to make reasonable efforts to repair areas damaged by the removal.
  • The seller is to remove items left blank prior to closing or the transfer of possession, whichever is later. A seller who misses that window loses the right to remove those items and is liable for the reasonable cost of disposal if the buyer disposes of them within 30 days after closing or the transfer of possession, whichever is later.

The Checklist Locks Once Under Contract

Writing in the Spring 2023 issue of Georgia Realtor magazine, Georgia REALTORS General Counsel Seth G. Weissman explained that the F301 was modified for 2023 to clarify that once a property is under contract, the fixtures checklist cannot be rewritten to change what remains with the property without the buyer's prior written consent. The current forms carry the same rule: after contract, what the seller may remove can only be amended with the buyer's written consent. For more on how the disclosure itself works, see our guide to Georgia's seller disclosure form.

Which Items Need the Closest Attention in Luxury Atlanta Homes?

The items that tend to need the closest attention are expensive, easy to remove, and personal to the seller: mounted televisions and brackets, chandeliers and designer lighting, smart home hubs and controllers, wine refrigerators, refrigerators and other appliances, outdoor cooking equipment, window treatments, garage storage, generators and pool equipment. Most appear by name on the fixtures checklist, which is why marking them carefully matters.

Televisions, Mounts and Media

Television (TV), TV Mounts/Brackets and TV Wiring are separate lines, along with speakers, speaker wiring and amplifiers. A seller can take the screen and leave the bracket, take both, or leave both, so each line should be marked on its own.

Chandeliers and Designer Lighting

Chandelier, Light Fixtures and Light Bulbs each have their own line. Buyers form impressions of a room from the listing photos, so if a collected or heirloom fixture is leaving, the cleanest path is to exclude it on the checklist and consider replacing it before photos and showings.

Smart Home Devices and Hubs

The checklist includes Internet HUB, Thermostat and Intercom System, and an item marked as remaining includes any controller solely necessary or required to run it. Motorized shades, whole-home audio and lighting scenes often depend on a hub, an app account or a dedicated remote. Naming those components on the "Other" lines reduces questions later.

Wine Refrigerators and Appliances

Wine Cooler, Refrigerator/Freezer, Free Standing Freezer, Warming Drawer, Range, Oven and Vent Hood are all separate items. Built-in and freestanding units can look alike on paper, so the checklist settles it directly: check it and it stays, leave it blank and the seller may take it.

Outdoor Kitchens, Grills and Pool Equipment

Gas Grill, Outdoor Furniture, Hot Tub, Pool Equipment and Pool Chemicals appear under the recreation heading. The checklist does not separate a grill built into a stone outdoor kitchen from a rolling grill on a terrace, so naming the built-in unit, pizza oven or outdoor refrigerator on the "Other" lines is the clearest way to record intent.

Window Treatments, Garage Storage and Generators

Window Blinds, Window Shutters and Window Draperies each include their hardware, so a seller who wants to take custom panels but leave rods should say so. Garage Door Opener, Shelving Unit and System, Storage Unit/System and Closet System cover most garage and closet organization. Generator, Propane Tank, Propane Fuel in Tank and Car Charging Station sit under systems.

How Do Sellers Exclude Items Before Listing?

Sellers exclude items by deciding early and documenting it. The fixtures checklist lets a seller leave any item blank so it can be removed, and a clarification section on the form lets the seller identify where multiple items are marked as staying but one or more is actually leaving. Excluding items before the first offer is far easier than renegotiating after one arrives.

A practical sequence:

  • Walk the home room by room with your listing agent and note anything you plan to keep.
  • Consider removing and replacing high-value fixtures before listing photos and showings, so buyers see what actually conveys.
  • Complete the fixtures checklist accurately, using the "Other" lines for items the printed list does not name, such as built-in outdoor kitchen components or a specific art light.
  • Have your agent reflect key exclusions in the listing materials so buyers know before they tour.

The Atlanta REALTORS Association's July 2026 market brief reported 20,863 active listings and a 4.7-month supply of homes across metro Atlanta. With that many choices, buyers compare terms closely, and a specific checklist removes one reason to hesitate.

How Do Buyers Ask for Items to Stay?

Buyers ask for items by reviewing the fixtures checklist before making an offer and then writing any requests into the offer itself. Because the checklist cannot be changed after contract without the buyer's written consent, the time to ask for a chandelier, a wine refrigerator or outdoor furniture is before the offer is signed, not at the walkthrough.

Process points that help:

  • Request the fixtures checklist early and compare it against the listing photos.
  • Name requested items specifically, including model, location and any controller, rather than using general phrases like "all lighting."
  • Understand that items left blank may be removed, so anything you want should be marked as remaining or addressed in a written agreement between the parties.
  • Ask your lender and a Georgia real estate attorney how any request for personal property, such as furniture or a freestanding appliance, should be documented.

The same July 2026 brief reported a metro Atlanta median sales price of $445,000 and an average sales price of $566,500, up 5.3% year over year. In luxury price tiers, a single fixture can carry meaningful value, so precision in the offer matters.

How Does the Final Walkthrough Confirm What Stays?

The final walkthrough is the buyer's chance to confirm that items marked as remaining are still in place and in working order, and that items the seller was allowed to remove have been taken out with reasonable care. Bringing a copy of the fixtures checklist turns it into an item-by-item check.

The checklist's timing rules matter here. Items left blank are to be removed prior to closing or the transfer of possession, whichever is later. When a seller stays after closing under a written agreement, removal may happen after the walkthrough. Our guides to the final walkthrough before an Atlanta closing and to seller temporary occupancy after closing cover both steps in more detail. If something agreed to stay is missing, the buyer's agent should raise it before closing, and the parties can involve a Georgia real estate attorney.

FAQ

Does a mounted TV stay with the house in Georgia? On the Georgia REALTORS fixtures checklist, Television (TV) and TV Mounts/Brackets are separate lines. Whatever is checked stays, and whatever is left blank may be removed by the seller, with reasonable efforts to repair damage from removal.

Can a seller change the fixtures checklist after going under contract? Under the current Georgia REALTORS disclosure forms, once the property is under contract, the items the seller may remove can only be amended with the buyer's written consent.

Do remotes and smart home hubs count as part of an item that stays? The checklist defines an item that remains as including any solely necessary or required controller. Listing hubs, apps and remotes by name avoids gray areas.

Conclusion

Georgia's fixture statute sets the baseline, and the Georgia REALTORS fixtures checklist turns it into a clear, item-by-item agreement. Sellers who decide early what they are keeping, and buyers who ask for specific items before signing, tend to reach the closing table without surprises. If you are preparing to sell or buy a home in metro Atlanta and want to talk through how these details apply to your property, contact The Agency Atlanta for a conversation about your situation.

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