Wednesday, February 27, 2013

Is that a fixture of the house?

When it comes to buying and selling real estate, there can be some confusion between what stays with a house and what goes with the seller.

A fixture is defined as an item of movable property so incorporated into real property that it may be regarded as legally a part of it.  A piece of equipment which has been attached to real estate in such a way as to be part of the premises and its removal would do harm to the building or land.  If it is bolted, nailed, screwed, or wired into the wall, ceiling, or floor, it is a fixture. 

Items that generally come to mind would be blinds and curtain rods, ceiling fans, built-in appliances such as dishwashers and microwaves.  In short, I tell buyers and sellers, if it requires a tool to remove it, it stays with the property.

Sellers and buyers should specifically state in the purchase offer which items will stay with the house and which will go, especially if there could be confusion over a fixture. Items such as kitchen appliances, custom fit china hutches, decorative shelving and washers and dryers, should be noted in the contract as included or excluded from sale.

If you are selling a home and you are emotionally connected to a chandelier handed down though generations, take it down and put up a different one before the house goes on the market.

If you are buying a house and those bar stools match perfectly, ask for them upfront in your purchase offer.

Looking for help in your real estate purchase?  Message me!

Fixtures of a house, Home Buying Tips, Personal Property, sell my house, Tips to sell my house

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