Does he/she convey?
Since home buyers are out shopping for their next home now, it seems a good time to put up this reminder on what constitutes a fixture and what doesn’t. A fixture is anything attached to the home. Some people say that if it takes a screwdriver to remove it, it is a fixture. There are some exceptions to this, so ask your real estate agent whether the item should be further identified in the Purchase Offer to eliminate confusion.
First of all, you may hear the term “conveys with the property”. That’s a legal way of saying it “stays”. Some things are considered fixtures even though they aren’t actually attached to the home. *
- Of course, the garage door opener is attached and is a fixture, but the remotes in your car are considered a fixture because they are required to make the opener operate.
- Similar to the garage door opener, the transmitter on the dog’s collar that goes with the buried electronic pet fence is a fixture as well.
- TV’s that sit in a bracket that is attached to a wall MAY or MAY NOT be a fixture. There is still debate on this. Some brackets only fit certain TV’s thus may make the TV a fixture. Other brackets may be able to hold any TV. Your agent can guide you on this issue. You may want to ask for the TV in the Offer, or you may request that both the TV & the bracket be removed and the holes repaired.
- If the home has a fence, read this fence article that I wrote previously. The home may or may not own the fence.
- Some electric ranges are built-in but many are merely a free-standing range. Same with refrigerators. If you want to ensure those appliances stay, then identify** and specify them in the Offer.
- Curtain rods are considered a fixture because they are screwed into the wall, however, the fabric wallcovering that is hanging on the rod is not. There can be exceptions to this if the drapes were custom-made for a specific window. Again, your agent can guide you here based on the uniqueness of the window … and whether you want the drapes to stay or go.
In our Columbus Board of Realtors Purchase Contract there is a section that identifies common fixtures, with space for you to add your own list. Just below the fixture section, is an exception section. This is where you identify items you want to make sure are removed, i.e. don’t stay. Hot tubs, swingsets, playgyms, trampolines are often identified for removal if the buyer doesn’t need or want them. Even though the Purchase Contract states that all personal property must be removed by the time the buyer takes possession, sometimes sellers try to fudge on this, so if you don’t want that hot tub w/the yucky green water, put it in the Offer that it’s to go away.
Bottom line, before writing an offer, go through the home carefully to make a list of items that you want to make sure either stay or go if they’re not addressed in the standard Contract language.
* This info applies only here in central Ohio. Other areas may do things differently. Ask your agent what your local customs are.
** Record brand, model and perhaps take a photo to prevent the seller from substituting.
Copyright © 2011. Elaine Reese, Real Living HER. Reproduction of any portion of this blog post or the images is prohibited by the Digital Millennium Copyright Act. If this post is being viewed on any site other than www.ReesesPiecesOfRealEstate.com then the material has been stolen without permission. Violators will be reported.
People are starting to make plans to attend this year’s Taste of Powell. It occurs April 28 at the Water’s Edge Events Park at the Columbus Zoo in Powell.
