What are "Fixtures'?
May 4, 2007
Robert J. Bruss who writes a syndicated column and writes for Inman News, had a column reprinted from May 7, 2006 called "Decoding the law of fixtures". After reading it, I looked up the clause in the California Residential Purchase Agreement that references items included and excluded in the purchase of the subject property for which the offer is written.
In a broad sense, a fixture is something that is attaached and for which special fittings have been created. Sellers are advised by a professional real estate agent that if your chandelier is going with you, you should take it down and pack it away prior to showing your home to prospective buyers. However, in this day of built-in electronic appliances, controversies can arise.
The California Association of Realtors has added a clause #8B which attempts to clarify what will be included in the sale. It reads:"Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satelite devices, private integrated phone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms and_______________".
For a good review of the law of fixtures, google "Law of Fixtures" and scroll down to the Robert J. Bruss article.
Robert J. Bruss who writes a syndicated column and writes for Inman News, had a column reprinted from May 7, 2006 called "Decoding the law of fixtures". After reading it, I looked up the clause in the California Residential Purchase Agreement that references items included and excluded in the purchase of the subject property for which the offer is written.
In a broad sense, a fixture is something that is attaached and for which special fittings have been created. Sellers are advised by a professional real estate agent that if your chandelier is going with you, you should take it down and pack it away prior to showing your home to prospective buyers. However, in this day of built-in electronic appliances, controversies can arise.
The California Association of Realtors has added a clause #8B which attempts to clarify what will be included in the sale. It reads:"Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satelite devices, private integrated phone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms and_______________".
For a good review of the law of fixtures, google "Law of Fixtures" and scroll down to the Robert J. Bruss article.
posted by shirley harry at 8:44 AM
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