ᐅ Property Sale – Separating Fixtures and Fittings from the Residence?

Hello everyone,

First of all, I wasn’t sure which section of the forum to post this in, as to my knowledge there isn’t one specifically for discussing not only purchase questions but also questions about selling.

Background:
We are going to sell our current single-family home.
A potential buyer has been found.
In addition to the kitchen, there are several high-quality built-ins, lighting fixtures, etc., that the buyer also wants to purchase.
The buyer is offering amount X. We agree with this amount and want to finalize the deal.
Now, understandably, the buyer wants to reduce the property transfer tax by excluding the movable inventory from the purchase price of the property and handling it through a second, separate sales contract.
From our point of view, this isn’t necessarily required because the inventory can be itemized with costs within the main purchase contract, and the buyer would then only pay tax on the total property price minus the inventory.
We suspect that the buyer is concerned, on the one hand, that including the movable inventory in the purchase agreement will increase the notary fees payable by them, and on the other hand, that the tax office might later question the price assigned to the inventory, which could have a negative outcome for the buyer.
This is all understandable.

The question we have:
Assuming we agree to carry out a property sale with the offer amount minus the inventory and sell the inventory separately under a second contract for the remaining amount…
What consequences for us might this have that are not immediately obvious?
We have this worst-case scenario in mind where the buyer ends up with the house based on the valid notarized contract but doesn’t pay for the furniture, and in the worst case, we might have to go through a civil court dispute to recover the money for the furniture.
I hope I was able to explain the situation clearly enough.

I would include it in the notary contract. It usually also states the condition in which the apartment is handed over (empty, furnished, etc.). With a separate agreement, you would have different terms. If it is included in the purchase agreement, you won’t have to chase the money either. I understand your concern. It’s best to explain to the buyer that this does not put them at any disadvantage.

I would definitely recommend having only one contract.

I would only enter into a contract for exactly the reasons you mentioned. Anything else just creates extra effort and potentially more problems.

How can we prevent the buyer from backing out if we become too inconvenient from their perspective?
For example, does anyone know how to include the payment of the second contract in the notarized agreement as a condition for handing over the keys and, therefore, the transfer of possession?
Does this affect the amount of notary fees for the buyer, since these fees would then be part of the contract again?

You don’t need to create a second contract; simply list the inventory and state a total amount.

I did this myself years ago; the buyer suggested it. I listed everything, including a mold damage that was repaired. He covered the costs for the escrow account, and I had a move-out date included that was to my advantage.