Exception
Items specifically excluded from a property sale that the seller intends to keep, such as fixtures, appliances, or personal property that might otherwise be assumed to convey with the property. Exceptions must be clearly listed in the purchase contract to avoid disputes at closing.
Example
“The seller listed the antique chandelier in the dining room as an exception to the sale, planning to take it to their new home.”
Memory Tip
Think 'except-ion' - these items are excepted from the sale.
Why It Matters
Buyers and sellers avoid costly closing delays and legal disputes by clearly identifying exceptions upfront, ensuring both parties understand exactly what stays and what goes with the property. Failure to specify exceptions can lead to last-minute negotiations or deal cancellations.
Common Misconception
Many assume that anything attached to the property automatically stays, but sellers can legally remove fixtures and appliances if properly listed as exceptions in the contract.
In Practice
The seller wants to take their expensive chandelier and built-in wine refrigerator to their new home, so they list these items as exceptions in the purchase agreement. At the final walkthrough, the buyer confirms these items have been removed as agreed.
Etymology
From Latin 'exceptio,' meaning 'a taking out' or 'exclusion,' derived from 'excipere' meaning 'to take out.'
Common Misspellings
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