I represent sellers who have installed smart home features like security cameras and thermostats in the property. Must these features convey with the property?

 

Listing agents and sellers should also consider which features and fixtures they are advertising with the property. A listing agent who uploads the conveyances from Paragraph 13 of the Residential Sales Contract should be mindful of what is currently installed and offered to avoid giving the impression that a particular system will be conveyed with the property. If an item is checked “yes” in Paragraph 13 and is installed as of the date specified in Paragraph 10 (e.g., the date of home inspection), then it conveys with the property. So, if an item that includes a smart home feature, such as an alarm system, refrigerator, or thermostat connected to an HVAC system conveys according to Paragraph 12 and 13, and the feature is installed as of the date in Paragraph 10, then the feature or a substantially similar item will also convey with the property. If the sellers wish to take the smart system with them, then they should either uninstall the system or clarify in writing that it will not convey.


Commercial Council