Claim Your Fridge! Why the Non-Realty Items Addendum is Your Best Friend in Texas Real Estate

by Shelley Broussard

You found the perfect house. You’re walking through the kitchen and fall in love with that high-end, French-door refrigerator. In the backyard, the patio set is exactly what you’ve been looking for. You assume they’re staying because they’re there, right?

Not so fast.

In Texas, there is a big difference between "Real Property" and "Personal Property." If you want to avoid a costly mistake on closing day, you need to understand the Non-Realty Items Addendum.

What Exactly is the Non-Realty Items Addendum?

In simple terms, the Non-Realty Items Addendum (TREC Form OP-M) is a document added to your sales contract to cover personal property—items that are not permanently attached to the home.

In Texas, if it’s not "nailed down" (bolted, screwed, or built-in), it doesn't automatically convey with the sale. Without this addendum, the seller is legally allowed to pack these items up and take them when they move.

Common "Non-Realty" Items to Watch For:

  • Kitchen Refrigerators: Unlike the stove or dishwasher, these are usually considered personal property.

  • Washers & Dryers: These almost never stay automatically.

  • Patio Furniture: That beautiful outdoor set stays only if you put it in writing.

  • Free-Standing Freezers: If it’s in the garage and you want it, claim it!

  • Flat Screen TVs: While the mount on the wall is a fixture that stays, the actual TV is personal property.

 

Three Pro-Tips to Protect Your Move

1. Put it in Writing (Immediately!)

Don't rely on a "handshake deal" or a verbal promise from the seller. If you and the seller agree that the washer and dryer stay, it must be documented in this addendum to be enforceable at closing.

2. Describe Clearly

Vague descriptions lead to disputes. Instead of just writing "refrigerator," be specific: "Samsung Stainless Steel French Door Refrigerator, Model #12345." This ensures you get the high-end appliance you saw during the showing, not a cheaper swap-out.

3. Don't Rely on the MLS

A common mistake is thinking that because a fridge was listed as "included" in the MLS (Multiple Listing Service) remarks, it’s a done deal. The MLS is a marketing tool, not a legal contract. If it’s not in the signed purchase agreement or an addendum, it’s not legally yours.

Why Local Expertise Matters

Navigating the fine print of Texas real estate contracts can be overwhelming, but you don't have to do it alone. Whether you’re a first-time homebuyer or a seasoned investor, I’m here to make sure no detail is missed—from the foundation of the house to the fridge in the kitchen.

Ready to find your next home in Pearland, Friendswood, or League City? Let’s make sure your move is smooth and your favorite appliances are waiting for you at the finish line.

 

Contact Shelley Broussard Today!

📞 Call or Text: 832-890-3504

📧 Email: shelley@shelleybtxrealtor.com

🏡 Real Broker, LLC

📍 Serving Pearland, Friendswood, League City & the Greater Houston Area

Shelley Broussard
Shelley Broussard

Agent | License ID: 496376

+1(832) 890-3504 | shelley@shelleybtxrealtor.com

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