When purchasing a property, it typically includes the land and everything permanently attached to it, such as buildings, trees, and shrubs. However, many buyers are only interested in acquiring the real estate itself, not the seller's personal property. So, what happens if personal property has become a part of the real estate? Is it now considered a "fixture" that will convey to the buyer?
There are three tests usually applied to determine this:
- Has the personal property been permanently attached to the real estate?
- Was it intended to become part of the real estate?
- What is the local custom?
Common fixtures may include window shades, lighting fixtures, built-in appliances, and other permanent installations. To avoid any confusion at closing—and to ensure the sale goes smoothly—it is essential for the seller to clearly outline in the sales agreement what will be included as part of the property.
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The Turk Team |