Purchase Agreements and Personal Property: Why This Can Get Tricky
When most people think about buying or selling a home, they picture the house, the land, and the closing date. What often gets overlooked — and causes more disputes than you’d expect — is personal property and how it’s handled in the purchase agreement.
In Northern Minnesota especially, where properties often include lake homes, cabins, shops, docks, and outdoor equipment, personal property can quickly become a sensitive topic if it’s not clearly addressed upfront.
What Is Personal Property in a Real Estate Transaction?
In simple terms:
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Real property includes the land and anything permanently attached to it
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Personal property includes items that are movable and not permanently affixed
Common examples of personal property include:
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Appliances (unless built-in)
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Furniture
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Window treatments
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Docks and boat lifts
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Snowblowers, lawn equipment, and tools
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Sauna stoves or freestanding heaters
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Generators
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Wall-mounted TVs and brackets
The confusion starts when buyers assume something is included, and sellers assume it’s not.
Why Personal Property Becomes a Problem
Most purchase agreement disputes don’t happen over price — they happen over expectations.
Buyers walk through a home and see items staged as part of the property. Sellers see items they personally paid for and plan to take with them. If those expectations aren’t clarified in writing, it can lead to frustration, renegotiation, or even legal conflict.
Lake properties are especially prone to this because items like docks, lifts, kayaks, and storage systems are often assumed to “come with the place,” when legally they may not.
The Purchase Agreement Is the Only Thing That Matters
Verbal conversations, text messages, and casual comments don’t protect either party. The purchase agreement is what controls the transaction.
If an item is not clearly addressed, it can fall into a gray area. That’s why it’s critical to be specific when drafting the agreement.
Best practice is:
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Clearly list what personal property is included
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Clearly list what is excluded
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Avoid vague phrases like “all items currently on the property”
Specificity prevents misunderstandings.
Common Personal Property Items That Cause Issues
Here are items that frequently create problems if not spelled out:
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Refrigerators, washers, and dryers
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Dock systems and boat lifts
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Garage shelving and workbenches
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Wall-mounted televisions
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Outdoor wood boilers
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Propane tanks (owned vs leased)
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Window coverings
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Sauna equipment
What seems obvious to one party is often not obvious to the other.
Why “Leaving It Out” Can Be Risky
Some buyers assume that if something isn’t excluded, it must be included. Some sellers assume the opposite. Neither assumption is safe.
Leaving personal property vague can lead to:
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Delays before closing
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Last-minute renegotiations
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Buyers feeling misled
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Sellers feeling pressured
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Damage to an otherwise smooth transaction
Clear language protects everyone involved.
How to Avoid Problems as a Buyer
If you’re buying a home:
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Ask questions during showings
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Don’t assume anything is included
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Make sure desired items are listed explicitly
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Review the personal property section carefully before signing
If an item matters to you, it should be in writing.
How to Avoid Problems as a Seller
If you’re selling:
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Decide early what you plan to take
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Remove personal items you don’t want included
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Clearly exclude items you plan to keep
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Don’t rely on “common sense” assumptions
Being upfront prevents issues later.
Why This Matters More in Northern Minnesota
Northern Minnesota homes often include:
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Seasonal features
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Outdoor equipment
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Custom lake setups
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Detached buildings and storage areas
That makes clarity even more important. What feels like part of the property here may not legally be part of the sale unless it’s addressed correctly.
Final Thoughts
Purchase agreements are more than a price and a closing date. The personal property section deserves just as much attention.
Clear communication, precise language, and local expertise make the difference between a smooth transaction and an unnecessary dispute.
If you’re buying or selling and want help navigating these details, working with someone who understands how these issues play out locally can save you time, money, and stress.
