The Jane Field Group

Fixtures and Chattels

2009/09/30 Originally published in the Vernon Morning Star.

In the sale of every home there are included items. Some are included as standard, others are not. Items that are attached are considered fixtures and unless specifically deleted in a sales contract, must be left in the home when it sells. Fixtures are generally defined as items that are permanently attached by screws, nails, or any similar mounting device or are plumbed or wired in. Examples of this would be blinds, awnings, electrical and plumbing fixtures and the like.

Examples of chattels that are normally removed at time of sale would be fridges, free standing kitchen stoves, curtains, furnishings, area rugs, etc. These are non-attached items.

The difficulties can come when a Buyer or a Seller have differing interpretations of what is a fixture vs. what is a chattel.

Realtors® are generally cautious and thorough when they put together their sales contracts. A little extra time spent to carefully identify the inclusions of the sale at the outset can save a lot of hard feelings and grief later.

To avoid confusion, items that should be named as excluded or included are items like dishwashers, hot tubs, built-in vacuums and their accessories, swimming pool equipment, air conditioners, garage door remotes, satellite dishes and their decoders, workbenches, mirrors on hooks, security systems (remember there could be monitoring contracts in place), water filters and other similar items. The majority of these things I just named are either fixtures or commonly included items.

When you are buying or selling be sure to have this discussion with your Realtor® at the time of your offer. Sellers need to know what they are selling and buyers need to clarify what they are buying. Attention to this kind of detail prevents upsets and disappointments.

Realtors® will only be too happy to oblige you. We all want harmony in each transaction.

Jane Field works with RE/MAX Vernon. Jane has over 30 years experience in the Real Estate business. To suggest topics for future articles or to ask Jane questions, email her or call 503-3755.

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