For the past 2 years, there has actually been a lot of disputes raised by this very issue.
If something is ATTACHED to the home directly (bolted or nailed, not hung, as in a picture frame or mirror), then it is assumed that it will be staying with the home unless it is specifically excluded.
We have had issues with this in the past. Another hot topic is surround sound systems that are wired through the walls. Technically, they can take the receiver but must leave the speakers and wires in place, as they are attached directly to the home.
Out door fountains are another item of contention.
I always tell my buyer clients if you really want it without a fight, include it in the contract. If you want to fight over it (legal fees, etc) then don't include it in the contract and hope it stays here and fight for it if it doesn't.
If they don't want it, I will specifically write in special provisions "If Mounted TV in Living Room Does Not Convey With Purchase, It Is To Be Removed, Holes Patched, And Painted To Same Color As Wall Prior To Closing."
I don't plan on buying anyone but myself a TV, so I make sure I educate my buyers AND sellers prior to this ever becoming an issue.
It's more than real estate. It's RAYL-Estate!
Keller Williams Elite