Whether or not a fixture stays in a home is a common question for home buyers and sellers. A fixture is any item of value that is permanently attached to the property. This includes things such as lighting fixtures, carpeting, and landscaping. Any item that may be in question should be clearly described and documented in the real estate contract. Every state has its own guidelines for what constitutes a fixture. The following are some sample guidelines. If an item is in question, consult your realtor.
- Method of attachment - Is the item permanently attached to the wall, ceiling or floor and requires some type of tool to remove?
- Adaptability - Built-in appliances are an integral part of the home, they are typically considered fixtures.. Even though they generally only require minor disconnection, this is an item that needs to be confirmed in the purchase agreement.
- Intention of party when the item was attached - When the installation took place, if the intent was to make the item a permanent attachment, for example, a built-in computer work station, the item is a fixture.
- Agreement between the parties - Read your purchase contract. Most contain a clause that expressly defines items included in the sale and state "All existing fixtures and fittings that are attached to the property."
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