Residential sales contracts in Texas generally state that the land, improvements, and accessories are all a part of the sale of the property.

Some smart-home devices may be explicitly listed as a part of the property in the residential contracts. For example, the contracts state that security and fire detection equipment are included in the sale.

For items not explicitly listed in the contract, a three-part test is used to determine whether they’re considered permanently installed and built-in and would therefore be part of the sale:

  • How is the item attached?
  • Will the property be damaged by its removal?
  • Is the item customized or standard for the property?
  • Was the installation intended to be permanent or temporary?

For example, an internet-connected light switch is likely permanently installed, but a smart-home lightbulb can be easily removed without damaging the fixture.

Sellers who wish to exclude certain smart-home items from the sale can instruct their Texas REALTOR® to list those items under the exclusions section of the contract.

Buyers who want to request that specific smart-home items are included in the sale can instruct their Texas REALTOR® to prepare the Non-Realty Items Addendum to Contract (TXR 1924) with the appropriate items listed.