Appliances (e.g., a built-in
dishwasher), furniture (e.g., a built-in
shelving unit), or other equipment and items
normally considered part of the real
property.
Practitioners must continuously address
the issue of whether an item is included or
excluded in the sale of property. While
fixtures (affixed and immovable), are
normally included and chattels (moveable,
personal property), are not, the lines often
become blurred. Such is the case when
considering certain built-in items within
both residential and commercial property.
While a built-in may fulfill the legal
requirements of a fixture, the seller may be
under the impression that certain items will
be removed at closing due to an emotional
attachment (e.g., a gift from someone), or
simply by assuming that such is the case
(e.g., a personally crafted, but attached,
book shelf). Prudent practitioners routinely
review all items within the listed property
where confusion might exist and clearly
identify those items that are included or
excluded from the sale.
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