Dear Jan: We just got an offer on our house. When we listed, we marked the box that says we have a greenhouse. There is no mention of the greenhouse in the offer. Does that mean we can take it with us, or must we leave it because we marked that box?

—Thanks MMB

Dear MMB: Congrats on your sale!

The listing agreements we use in our area are from the NWMLS, or Northwest Multiple Listing Service. The listing input sheet is full of check boxes; these boxes translate over to words on the different websites. Greenhouses are under a category called “Site Features,” thereby letting buyers know there is a greenhouse on the property.

There is also a category that says “Appliances That Stay.” Just because the box is marked “washer” does not automatically mean the washer stays. It is up to the real estate broker writing the offer to mark the box for “washer” under “Included Items” on the purchase and sales agreement. Otherwise, the sellers can take the washer with them.

There is a whole paragraph that describes included items that must automatically stay — items like blinds, garage door openers, etc. Greenhouses are not one of those items.

Now, in the “Included Items” section there is a box for “Other” and the broker could write in “Greenhouse” on the line next to it. If the seller agrees to the contract and does not cross out the greenhouse and initial it, the greenhouse stays.

Since you say it is now in contract, I feel that the greenhouse now falls into the “It Depends” category.  What kind of greenhouse is it? Is it “attached” to the land? Is it attached to a building? I am sorry, but because there is verbiage that says “and other fixtures” I would need to see the greenhouse and then possibly have a conversation with my broker or suggest that you seek legal counsel.

I have had this same type of situation come up twice recently, once where the buyers wanted a drawing of the house that was hanging on the wall. They wrote it in on the contract. Because it was a gift to my sellers, they crossed it out and it is now not included in the sale.

In another case, when I walked into the home I was “wowed” by the gorgeous crystal chandelier, I asked the sellers if they planned to leave it. They do not. I shared with them my rule of thumb: If you don’t plan to leave it, take it down and replace it before we put the home on the market because if a buyer sees it they may want it.

Oh, and there is now a place to write in “Excluded Items” in the Purchase and Sales Agreement. My advice: If in question, write it in.

I know I was not much help here, but perhaps this will help another seller determine what to do before they sell. Best wishes.

— Jan Zufelt is an agent with John L. Scott Real Estate in Kingston.