In real estate, a fixture is personal property that becomes part of real property. For as long as I have been in the business, buyers and sellers have disagreed about what is considered a fixture vs. personal property.
Essentially, a real estate fixture is anything permanently attached to a property by nails, screws, bolts, cement, glue, or other similar means.
Understanding how fixtures are classified prevents disputes during property transactions. The MARIA framework simplifies the process of determining what stays and what goes.
I will provide the following information to help you better understand fixtures in real estate sales:
- How to determine a fixture using the MARIA acronym.
- Commonly disputed items and their classifications.
- The importance of exclusions in real estate agreements.
As a Massachusetts Realtor with almost forty years of experience, I have seen disputes regarding what stays and what goes in a home sale come up reasonably often. Sometimes, the inexperience of one of the real estate agents contributes to the problem. The definition of fixtures in a sale can be confusing, especially when factually incorrect information is passed on to a consumer.
Disclosing your position on what is included or excluded from the sale should be part of a home sellers checklist.
Let’s explore how to identify fixtures and avoid misunderstandings.
Understanding the MARIA Acronym for Fixtures
The MARIA framework evaluates five factors to determine if an item is a fixture: Method of attachment, Adaptability, Relationship, Intention, and Agreement.
1. Method of Attachment
Attachment plays a key role in classifying a fixture.
- An item bolted, nailed, or screwed into the property is likely a fixture.
- For example, a built-in oven becomes part of the real estate because of its permanent installation.
- Conversely, movable items like a portable microwave remain personal property.
Ask whether removal would damage the property. If yes, the item is a fixture. Always ask your real estate agent for advice if you’re unsure about fixtures when selling a house.
2. Adaptability
An item’s design or purpose can indicate if it’s a fixture.
- Custom blinds, sized to fit specific windows, are fixtures because they adapt to the property.
- Freestanding furniture, like a table, remains personal property since it suits any location.
- Built-in items, like bookcases or shelving, adapt to the property and are fixtures.
Consider whether the item serves a unique purpose for the property.
3. Relationship of the Parties
The law often prioritizes fairness based on the parties involved.
- Buyers usually have the advantage in disputes, ensuring they receive the intended property.
- Tenants typically win disputes with landlords because landlords control initial conditions.
- For example, a tenant-installed security system may remain their personal property.
Courts aim to avoid unjust enrichment when resolving disputes.
4. Intention
The installer’s intention at the time of installation is crucial.
- Was the item meant to be a permanent improvement? If yes, it’s likely a fixture.
- For instance, a wall-mounted television bracket installed for convenience might remain a fixture.
- Temporary items, like seasonal decorations, clearly stay personal property.
Intent often provides clarity when attachment or adaptability confuses. In my experience, television brackets are one of the most commonly disputed items. It can be helpful to state in the MLS how this item will be treated.
5. Agreement
A written agreement between buyer and seller can override all other factors.
- Contracts should explicitly list items included or excluded in the sale.
- For example, a seller might state, “Chandelier in dining room excluded.”
- Buyers should review agreements carefully to ensure mutual understanding.
Documenting terms eliminates ambiguity and prevents disputes. What is being excluded should always be discussed between a real estate agent and a home seller before the property is listed for sale.
Common Disputed Items and Their Classifications
Certain items frequently cause disputes. Let’s examine these examples in detail.
1. Window Treatments
- Dispute Example: Sellers may plan to take curtains with them, but buyers often expect all window treatments.
- Classification: Custom blinds or shades, which fit windows precisely, are fixtures. Drapes and curtains, not attached permanently, are personal property.
- Resolution: Clearly state whether specific treatments will remain or be removed.
2. Mirrors
- Dispute Example: Buyers may assume bathroom mirrors stay, while sellers may claim ownership.
- Classification: Built-in mirrors, glued or bolted to walls, are fixtures. Freestanding or decorative mirrors remain personal property.
- Resolution: Include mirror details in the sale agreement to avoid confusion.
3. Swing Sets
- Dispute Example: Buyers may expect backyard swing sets to remain, but sellers might intend to remove them.
- Classification: Swing sets bolted into the ground are fixtures. Freestanding ones are personal property.
- Resolution: Clarify whether outdoor structures are included in the sale.
4. Basketball Hoops
- Dispute Example: Buyers often assume a driveway hoop remains, but sellers may plan to take it.
- Classification: Permanently installed basketball poles are fixtures. Portable hoops remain personal property.
- Resolution: Specify the status of recreational items in the purchase agreement.
5. Lights
- Dispute Example: Custom chandeliers frequently cause disputes when sellers wish to remove them.
- Classification: Hardwired light fixtures are fixtures, while plug-in lamps remain personal property.
- Resolution: Sellers should disclose intentions for high-value lighting fixtures upfront.
6. Wall-Mounted Televisions
- Dispute Example: Buyers often expect the wall mount to stay, but sellers may plan to take it.
- Classification: The television itself is personal property. The wall-mounted bracket, screwed into the wall, is a fixture.
- Resolution: I always recommend that my clients clarify mounted electronics in the sale agreement.
7. Electronic Dog Fences
- Dispute Example: Buyers may expect an invisible fence to remain, but sellers might view it as personal property.
- Classification: Underground wiring is a fixture. The movable transmitter remains personal property.
- Resolution: Specify the status of invisible fencing systems during negotiations.
The Role of Exclusions in Avoiding Disagreements
Written exclusions ensure both parties understand what remains with the property.
- Sellers should list items they intend to remove, such as family heirlooms or unique fixtures.
- Buyers should ask for specific inclusions in writing, ensuring no surprises at closing.
- For example, sellers might state, “Wall-mounted television and bracket excluded.”
Exclusions clarify expectations and prevent legal battles. Transparency benefits everyone involved.
Paul Sian, a veteran Realtor with United Real Estate Home Connections, provides excellent advice for homeowners.
The home seller and their real estate agents need to discuss the importance of what things will not be included in the home sale. Usually, personal items not affixed to the house are not expected to be included in the sale unless the home seller and buyer agree to transfer them as part of the sale.
Appliances, fixtures, chandeliers, and other items are considered part of the home and should be transferred to the buyer upon closing. If the seller wants to keep something like an heirloom chandelier, they should specify this in the MLS up front so there is no confusion and make sure it is included in the purchase contract that the chandelier is not part of the sale.
By noting these non-transferring items up front and putting them in the purchase contract, the home seller reduces their chance of misunderstandings down the line, which could lead to lawsuits.
Conclusion: Avoiding Fixture Disputes in Real Estate
From my thirty-nine years of experience in real estate, I have learned that it is vital to educate buyers and sellers on what stays and what goes in a home sale or purchase.
Understanding what is considered real estate or part of a property is crucial. Educating your clients can avoid common problems arising from fixture disputes.
Please get in touch with me if you have questions about what constitutes a fixture or are considering selling your home in the Metrowest area.
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