What he/she said. ☝️

In our area, playsets are not included in a real estate transfer unless it’s specifically stated that they ARE. We looked at a house with a very elaborate playset anchored to the ground in concrete and a big deal was made about this as an asset. We didn’t want the silly thing and ended up not buying the house. We bought another house in the neighborhood, and that playset is still there, unused, as the house was purchased by an older, single lady.

Also, if a storage unit is not secured to the ground, it usually does NOT convey.

In my area (midwestern USA), anyway. If the involved realtors are not excited about the issue, your sister shouldn’t be either.

I too live in the midwest. How does one move a storage shed or do you just demolish them? A neighbor had to move one because of a zoning issue and a large piece of equipment came in to move it 8 feet or something. How would you move a huge storage barn.

Neither realtor has been very responsive or up on several issues related to the sale so what they think is irrelevant, they have their commission and their job is done pretty much.

Sister is ok with it being gone even though grands live a street over. It's more that there were 3 pics of it in the listing photos. Why if you weren't going to leave it? Barn had several pics but it's still there.

"Several listing photos were also of these two items." "It's more that there were 3 pics of it in the listing photos."

Were any of the photos specifically of the playset? That is, sometimes there are photos to specifically highlight something, like a waterfall feature, a pool, or a gazebo, and the listing description will mention the item. Is that the case in your sister's situation? Or was it more of a situation where the photos showed the yard (size, orientation, landscaping in general), but the photos weren't specifically of the playset?

Seems to clearly be a fixture, something permanently attached to the property unless excluded in the listing and sale agreement.

Where there might be any doubt if an item is a chattel or fixture and whether it's included or not, the item(s) and their status should be clearly stated in the purchase and sale agreement. If the sister is that concerned, she should ask her lawyer. Usually, it's not worth the fight.

Our mortgage company is currently obtaining possession of a house by notice of sale (a peculiarity of our jurisdiction). We have been assured in writing by the borrowers (mortgagors) that the five appliances and window coverings in their repeated listings will be included when they hand over possession. No doubt that way.

Regarding the question above about how to move a storage shed.

This is quite common in my area - I live near large Amish and Mennonite settlements where there are many storage shed retailers. It’s quite easy when you have the proper equipment. (Yes, Mennonites use motorized vehicles; Amish do not.)

In fact, good friends of ours recently had an older 2-story home moved from its downtown location to its new home 8 miles north of town. It was a Mennonite firm. Not a single window was broken, not even the leaded glass ones.

Yes there were 2 pics of just the shed and the playset. Another was the backyard in general with them in that pic obviously.

@littlebug zone 5 Missouri I have never seen anything like that advertised where I live. I can't believe that is cheap but neither is getting another shed. Interesting.

Our rhetorical question was if the realtors are saying that the listing pictures aren't good for showing the property how does one "prove" what fixtures were in the house when viewed. There could be expensive light fixtures in the pics and upon possession cheap close out ones (originals not listed as an exclusion to conveyance.). How does the buyer prove that is not what was there on viewing? Seems like the pics are worth something.

Sister is just a little peeved the playset is not there for the grands but also says the yard looks nicer without it.

You specifically say what you expect to convey if it is important to you. Listing photos also specifically show beds sometimes, or dining tables, but no one just assumes they would convey because they appeared in multiple photos. Maybe the sellers thought play equipment might appeal to a family with children, but since the buyer never mentioned it, they figured they needed to get rid of it.

When we bought our house many years ago, our offer included the W/D, a very nice newish Almond color set- the latest in colors . Offer accepted, but when we took possession, they had replaced the set with an older copper colored set. Our agent said unfortunately our offer hadn't specified the exact W/D and we couldn't prove they'd been switched, She said she learned her lesson and from that day forward would include serial numbers of appliances that were changing hands. We also discovered they had taken the bathroom mirror! It was a nice framed one. The agent couldn't believe it, but instead of fussing about it, she just told us to pick out a new one and she would pay for it, which she did. The owner asked about keeping a light fixture that was sentimental to her. We agreed to let her have it, but she never got in touch with us about it.

Yes, Olychick, that is exactly what I am talking about. This house was photographed with very minimal furniture and was empty for showings. But what, other than morals, is keeping a seller from switching things out? I guess if a range was XYZ brand and mentioned in the write up that would be hard to switch but for other things it seems easy.

I understand your expectations, but I don't see this as any different than expecting the seller to leave a lawnmower sitting in the yard with you or the furniture you saw in the house.

If the play set was a deal breaker, it should have been written into the contract by your sister. We wanted an antique wardrobe (unattached to the real property) that was historically important to the story of our house, so we wrote it into the contract. When we sold our previous house, I specifically excluded the antiques attached to the walls.

Sheds are very easy to move. There are shed movers in our area. We have 3 Amish sheds delivered and one Home Depot shed was moved from previous home to the current place by shed movers.

In my previous house I excluded hanging mirrors in some of the bathrooms because they were custom ones I ordered to my specifications. I consider good quality hanging mirrors just like art and I don't leave them behind. They have also gotten very expensive and you don't get the same quality as ones that were purchased 20 to 30 years ago.

As far as changing out light fixtures. For sellers the best thing is to replace them before photos are taken, so there is no confusion. For buyers, you should take photos of the house at the inspection so you can prove if anything was changed out between inspection visit and move-in date.

If fixtures were changed out between the time that photos were taken and the time you toured the house and you never noticed that they were any different when you were there in person, then you have no rights if you start comparing listing photos and actual fixtures after you move in.

As a seller, if I decided to change out some light fixtures after photos were taken, I would take photos and date stamp them to show that they were replaced before the showings.

" Our rhetorical question was if the realtors are saying that the listing pictures aren't good for showing the property how does one "prove" what fixtures were in the house when viewed. "

You can take photos, which are date stamped, but I don't think a playset is a fixture since they're usually not permanently attached to the property, nor are they a dwelling - they're like lawn furniture. However, if it was set in concrete, like swing set might be, then it would be permanent. As was explained to me, a fixture is something attached to the house, so that if you turned it upside down and shook it, it wouldn't fall out. I would assume the same is true for the shed - the devil is always in the details: Did they sit on top of the ground, or were they attached to the ground?