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Tuesday, July 1, 2014

A Buyer Asks: Just What is a Fixture?

Aunt Violet's Chandelier
The question of just what is or is not a "fixture" often leads to conflict in the purchase of a Tucson home. Is the  item part of the real estate or is it personal property?  Is the shelving in the garage attached or just sitting there?  Is that Murphy bed,or desk and bookshelf set attached?  Does that gorgeous antique chandelier stay with the house?

In general, a fixture is anything attached as part of the property..think light fixtures, sink faucets, towel and curtain rods and similar items. But yes, if those garage shelves and desk set are affixed to the walls, then yes they are fixtures as well.  But the Sellers may not understand that if their agent has not had that talk with them.    

Our Arizona AAR contract includes a specific list of items that are considered fixtures. I recommend that both Buyers and Sellers review that list. We can add or delete any of those items elsewhere in the contract but both sides should have a clear understanding of fixtures to stay at time of contract agreement.

But if there is any question, to be clear, always put it in writing.  I always talk with my Tucson
Sellers before we put the home on the market about what they want to take or leave. Are they planning to take that beautiful chandelier that was a gift from Aunt Violet?  That needs to be in the contract with the buyers.

And if there are anything questionable items that my Buyers really do want left at their new Tucson house?  We put that in the contract as well.

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