What is a chattel in real estate?

A chattel is movable personal property not affixed to real estate, such as freestanding appliances or furniture. Distinguishing chattels from fixtures is factual and can depend on attachment method and intent.

Are chattels included automatically in a sale?

No. Unless the purchase contract or deed expressly includes specific items, chattels are not presumed included. Use an itemized chattels agreement or contract language to specify transfers.

How do I distinguish fixtures from chattels?

Courts consider attachment, adaptation to the property, and the parties’ intent. Items permanently affixed are usually fixtures; use clear contract language to confirm intent and avoid disputes.

Are electronic signatures valid for this agreement?

Yes. Electronic signatures meet U.S. legal standards under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, if intent, consent, attribution, and record retention conditions are satisfied.

Is notarization or witnesses required?

Notarization and witness requirements vary by state and by the instrument attached. Some jurisdictions require notarization for deeds or POAs; check local rules for affidavits or sworn statements.

How do I amend or cancel the agreement?

Amendments should be in writing, signed by the same parties, and dated. To cancel, use a written release signed by the parties; retain the executed release with original records.

Electronic Signature
Templates
Real estate
Real Estate Chattels Agreement

Real Estate Chattels Agreement

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Real Estate Chattels Agreement

This Real Estate Chattels Agreement (the Agreement) is entered into on by and between Seller Name: and Buyer Name: .

1. Property Identification

Property Address Parcel / APN Number Legal Description

2. Purpose and Scope

The Seller agrees to transfer, and the Buyer agrees to accept, the personal property, fixtures and chattels described in this Agreement (collectively, the Chattels) in connection with the sale of the Property identified above. The Parties intend allocation of consideration, transfer of title, and any warranties or disclaimers for the Chattels to be as set forth in this Agreement.

3. Itemized Chattels Schedule

List each chattel. For each item state condition and allocation of purchase price. Attach additional pages if necessary.

Chattel Item 1 — Description

Condition: Allocated Price: $

Chattel Item 2 — Description

Condition: Allocated Price: $

Chattel Item 3 — Description

Condition: Allocated Price: $

Chattel Item 4 — Description

Condition: Allocated Price: $

Chattel Item 5 — Description

Condition: Allocated Price: $

Chattel Item 6 — Description

Condition: Allocated Price: $

4. Included and Excluded Items

The following common items are designated below. Check the appropriate box to indicate whether each listed item transfers with the Property.

Appliances (stove, refrigerator) Excluded

Window treatments / curtains Excluded

Lighting fixtures (interior) Excluded

Security system components Excluded

Landscaping / planters Excluded

Other:

5. Purchase Price Allocation and Payment

The Parties agree that the total allocation of purchase price attributable to the Chattels is: $.

Payment Terms

Earnest Money / Deposit on account of chattels: $ to be held by:

6. Condition, Title and Warranties

Seller represents and warrants that, as of the Closing Date, Seller has good and marketable title to the Chattels being conveyed, free and clear of all liens, encumbrances and security interests except as disclosed below.

At closing, title to the Chattels shall be transferred to Buyer free of liens, unless otherwise disclosed:

Condition of Chattels at transfer: As-is; no express warranties by Seller Seller warrants that Chattels are in operable condition as of transfer (specify scope below)

Warranty Details (if any)

7. Inspection and Acceptance

Buyer shall have days from Effective Date to inspect the Chattels and notify Seller of any defects. Failure to notify Seller within the inspection period shall constitute acceptance.

8. Closing, Possession and Risk of Loss

Chattels transfer shall occur at Closing concurrent with conveyance of the Property. Closing Date: .

Possession of the Chattels shall be delivered to Buyer on: unless otherwise agreed in writing.

Risk of loss to the Chattels shall remain with Seller until possession; if damage occurs prior to transfer, Seller shall promptly notify Buyer and shall be responsible for repair or replacement as required by this Agreement.

9. Taxes, Prorations and Charges

Personal property taxes attributable to the Chattels, if any, shall be prorated as of the Closing Date. Any special assessments or charges specifically relating to the Chattels shall be addressed here:

10. Brokers and Commissions

The Parties represent that they have made the following broker or agent disclosures and agree who is responsible for payment of any commission related to the Chattels transfer:

11. Default and Remedies

If either Party materially breaches this Agreement, the non-breaching Party may pursue all remedies available at law or in equity, including specific performance, damages, and recovery of reasonable attorneys' fees and costs where permitted by law. Any deposit held shall be governed by escrow instructions agreed by the Parties.

12. Disclosures

Lead-based paint disclosure (if applicable): Disclosure provided to Buyer Not applicable / not provided

Other material defects or prior damage affecting Chattels:

13. Notices

Seller Contact for Notices Buyer Contact for Notices

14. Miscellaneous Provisions

Governing Law: This Agreement shall be governed by the laws of the state in which the Property is located. The Parties consent to the jurisdiction of the state and federal courts located in such state for any dispute arising out of this Agreement.

Entire Agreement; Amendments: This Agreement constitutes the entire understanding between the Parties concerning the Chattels and may be amended only by a written instrument signed by both Parties.

Severability: If any provision of this Agreement is held invalid, the remainder of this Agreement remains effective to the fullest extent permitted by law.

15. Acknowledgments

Each Party acknowledges that they have read this Agreement, understand its terms, and have had the opportunity to consult with legal counsel prior to execution.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What a Real Estate Chattels Agreement Is

A Real Estate Chattels Agreement documents the personal property that will transfer with a real property sale or lease separate from fixtures. It identifies movable items such as appliances, window coverings, freestanding furniture, and equipment; records their condition; and states whether they convey at no cost or for separate consideration. Incorporated as an addendum or exhibit to the purchase contract, the agreement reduces ambiguity at closing, clarifies tax and title implications, and creates a record for post-closing enforcement if items are removed or misrepresented.

Why Documenting Chattels Matters

A written chattels agreement prevents post-closing disputes, supports title and tax documentation, allocates responsibility for condition, and creates clear evidence of what was intended to transfer with the property.

Who Prepares and Signs This Agreement

Typical participants prepare or sign a chattels agreement when a property transfer includes movable items that are negotiable between buyer and seller.

Home sellers and listing agents documenting included appliances, window coverings, and movable items for sale
Buyers and closing attorneys confirming inventory, condition, and consideration before closing
Property managers and landlords listing furnished items and fixtures during lease signing or move-out inspections

When completed and signed by the relevant parties, the agreement becomes part of the closing documentation and supports possession and warranty expectations after transfer.

Core Sections to Include in a Professional Agreement

Include discrete sections that identify each item, record serial numbers and condition, specify transfer terms, list any payment or consideration, set removal and delivery deadlines, and describe remedies for disputes or missing items.

Item Description

Describe each chattel with make, model, serial number when applicable, and exact location in the property to avoid ambiguity at closing.

Condition & Serial

Record current condition, defects, and serial numbers or identifying marks; add a date-stamped condition statement to support post-closing claims.

Ownership & Title

Confirm seller ownership and absence of liens; if third-party finance exists, state who will obtain lien release before transfer.

Consideration

State any separate purchase price or whether items convey at no additional cost; tie consideration to escrow or closing adjustments when applicable.

Removal/Delivery

Specify removal deadlines, responsibilities, and who bears cost of moving or storage for items not remaining at closing.

Dispute Resolution

Include dispute escalation, governing law, and whether claims proceed to arbitration or court to limit uncertainty after closing.

Step-by-Step: Prepare and Execute the Agreement

Follow this sequential checklist to draft, review, and finalize a clear chattels agreement suitable for inclusion in closing documents.

01

Prepare Inventory: List each item with identifying details and condition.
02

Review with Parties: Share draft with buyer, seller, and counsel for written confirmation.
03

Attach to Contract: Include the agreement as an exhibit or addendum to the purchase contract.
04

Execute and Archive: Sign, notarize if required, and retain executed originals for records.

Configuring an Online Workflow for Chattels Agreements

Set up an e-sign workflow that assigns fields, enforces signer order, and preserves an audit trail for compliance and closing records.

Field	Configuration
Signature Blocks	Assign to parties and require date fields with MM/DD/YYYY format
Authentication	Use email plus SMS code for signer verification where appropriate
Attachments	Allow photos, invoices, and serial-number receipts as supporting exhibits
Audit Trail	Capture IP, timestamps, and action history automatically

Where to Send, File, and Store the Executed Agreement

Understand routing: where the fully executed agreement lives at closing and which parties should retain copies for title and tax purposes.

Closing Agent: Include executed addendum in closing binder.
Buyer and Seller: Provide each party a signed copy for possession records.
Title Company: Retain in title file to assist future ownership inquiries.
Accounting/Tax: Send copy for accurate tax and reporting records.

Technical Requirements for Digital Completion

Use a signing platform that supports common document formats, secure storage, notarization or RON where required, and an immutable audit trail.

Supported Formats: PDF, DOCX, HTML
Authentication: Email, SMS, or advanced methods
Integrations: CRM and cloud storage

Comparing eSignature Plans for Chattels Agreements

Basic plan attributes that matter for signing and storing chattels agreements are shown below. signNow is listed first per vendor comparison guidance.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Penalties and Risks of an Incorrect Agreement

Title Disputes: Missing or vague descriptions increase litigation risk

Tax Misreporting: Unrecorded consideration can trigger incorrect reporting

Contract Ambiguity: Poor wording may void specific item transfers

Lien Exposure: Undisclosed third-party liens can delay or block transfer

Notarization Failure: Incorrect notarization may affect enforceability

Statute Issues: Noncompliance with required formalities increases risk

Common Mistakes to Avoid

Listing groups of items generically (for example, 'all kitchen appliances') instead of naming each unit leads to post-closing disputes and valuation uncertainty.
Failing to record serial numbers or model information for appliances and equipment undermines proofs for warranty claims and insurance coverage.
Not clarifying responsibility for removal or storage before or after closing can result in unexpected costs and possession conflicts.
Treating fixtures and chattels interchangeably without legal analysis creates confusion over what remains part of real property.

Security and Compliance Considerations

Encryption in Transit: TLS 1.2 / TLS 1.3

Encryption at Rest: AES-256

Audit Trail: Immutable timestamp and IP log

Certifications: SOC 2 Type II, ISO 27001

Regulatory Support: ESIGN and UETA compliance

Healthcare Options: HIPAA BAA available where required

Real-World Examples of Use

The examples below illustrate how itemized chattels lists and signed addenda reduce disputes and integrate into closing workflows.

Martin Properties

Tim Martin used an online chattels list to close multiple residential sales remotely without in-person inventory checks.

The list included serial numbers and photos for key appliances.
Attaching the addendum to the purchase contract and obtaining signatures before closing eliminated post-closing disputes and ensured buyers received items as agreed.

Optica Ventures

Brian Fitzgibbons standardized a chattels addendum across furnished rentals to manage turnovers and reduce ambiguity.

The addendum specified condition and included invoices.
Standardization reduced disagreements over missing items, simplified security deposit reconciliation, and decreased administrative time spent on inventory reconciliation after move-out.

Who Signs and Why

Seller (Individual)

The seller signs to confirm ownership, disclose condition, and authorize transfer of listed chattels. Signature confirms consideration terms and shifts risk per agreement language, enabling clear recourse if items are removed or misrepresented after closing.

Buyer Agent

A buyer or buyer's agent signs to accept the inventory, confirm condition at transfer, and acknowledge any separate payment obligations. Their signature creates enforceable evidence used by closing and title professionals.

Practical Tips for Accurate, Efficient Completion

Adopt consistent templates, include identifying details, and preserve the signed record to minimize disputes and streamline closings.

Use precise descriptions

Name each item by make, model, and serial number when available. Precision reduces ambiguity and supports insurance, warranty, and title inquiries.

Attach supporting evidence

Include photographs, receipts, and maintenance records as exhibits to document condition and provenance of significant chattels.

Clarify removal deadlines

State specific removal or delivery dates and who bears cost for removal to avoid last-minute disagreements and possession conflicts.

Preserve executed copies

Store signed originals with the closing agent, seller, buyer, and accounting records to support future claims and tax reporting.

Frequently Asked Questions

Answers to common questions about scope, enforceability, notarization, signatures, and amendments for a Real Estate Chattels Agreement.

Need help? Contact support

What is a chattel in real estate?
A chattel is movable personal property not affixed to real estate, such as freestanding appliances or furniture. Distinguishing chattels from fixtures is factual and can depend on attachment method and intent.
Are chattels included automatically in a sale?
No. Unless the purchase contract or deed expressly includes specific items, chattels are not presumed included. Use an itemized chattels agreement or contract language to specify transfers.
How do I distinguish fixtures from chattels?
Courts consider attachment, adaptation to the property, and the parties’ intent. Items permanently affixed are usually fixtures; use clear contract language to confirm intent and avoid disputes.
Are electronic signatures valid for this agreement?
Yes. Electronic signatures meet U.S. legal standards under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, if intent, consent, attribution, and record retention conditions are satisfied.
Is notarization or witnesses required?
Notarization and witness requirements vary by state and by the instrument attached. Some jurisdictions require notarization for deeds or POAs; check local rules for affidavits or sworn statements.
How do I amend or cancel the agreement?
Amendments should be in writing, signed by the same parties, and dated. To cancel, use a written release signed by the parties; retain the executed release with original records.

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