Fixtures

Definition of The Week: Fixture

Fixture: an article in the nature of Personal Property which has been so annexed to the realty that it is regarded as a part of the real property. This is when it is attached to it by roots, imbedded in it, permanently resting upon it, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.

So you’ve gotten your home under contract. You’re ecstatic! No more showings, keeping the house in mint condition, running out at a minutes notice. Now to the fun part…..packing! Box up the dishes, pictures, and oh, don’t forget the beautiful chandelier that was passed down to you by your great grandmother. Everything is going great and you’re coming into the home stretch when the buyers schedule a final walk through of the house before closing. The home buyers are excited as they walk through their future home, but wait, where’s the beautiful chandelier that adorned the entry way? Now you have a problem.

In the hustle of getting their home listed many homeowners overlook items that they are going to want to take with them. Fixtures of a home go with the sale of the property unless specifically stated otherwise in an amendment, or listed as an exclusion on the listing agreement. Some common ones that are overlooked include lights, door knobs, and window treatments. Thus, the beautiful chandelier that was passed down by your grandmother is now by definition a fixture of the property, and must have been excluded from the listing if you want to take it.

Your realtor should be able to advise you about any articles that you are wanting to take with you that could be considered a fixture of the property. If you’re not sure if it’s a fixture you can always list it as an exclusion to be on the safe side.