Beware Of Real Estate Fixtures
December 17th, 2007 Categories: 1st Time Port Orange Home Buyers, Daytona Beach Real Estate, Port Orange Real Estate
Buying or selling a Port Orange home is one of the most expensive transactions a person will make in their lifetime! If you are planning on selling your home be very clear as to what you plan on leaving behind for the new owners! “Fixtures” and “chattel” is a peculiar area of real estate law and the difference between the two can cause a lot of confusion and heartache!
In a real estate transaction a “fixture” is normally considered anything that is “nailed down” or “attached to the building” that most people assume is included with the sale of the house. We would consider light fixtures, plumbing, wiring, ceiling fans, smoke alarms, built in vacuum cleaners, yada yada!
Now anything that isn’t “nailed down” such as furniture, washers and dryers, draperies is personal property or “Chattels”!
So next time you sell your home and you think that the chandelier you received from Aunt Donna as a wedding gift is yours to take, put your screwdriver down!
Unless you stated that the chandelier “does not convey” in the sale and purchase agreement, the buyer gets the
chandelier!! If you have already “unscrewed” the light fixture and arrive at the closing table, be ready to settle with the buyer after he informs you that he noticed the chandelier was missing on walk thru!!
This is a true story!!!
Be sure that your REALTOR includes the list of those items to be included or excluded from the purchase price. That way, if there is any question, the situation has already been addressed. If you have any concerns, contact Team Gagliardi and we can guide you smoothly through the selling or buying process and answer any questions you may have.
386.316.5968
Thanks Janis for this great article. Sellers need to have an expert real estate agent helping them with these kinds of details. Many erroneous assumptions have caused many problems at the closing table. I also recommend my buyers make note in the contract of the make and model of the appliances if they are very nice appliances. I have seen unscrupulous sellers pull some fast ones. Thanks for a great post from Port Orange.
It’s a good idea to write down the model & serial number of the major appliances too so they don’t get swapped out!