Ah, the personal versus real property dilemma. We all know what a fixture is, right? There is the real estate agent definition – If you can pick it up and haul it out, it’s yours. There is the dictionary definition – “An item of movable property so incorporated into real property that it may be regarded as legally a part of it”. Then, there is the definition we learn in our licensing courses, which is something along the lines of – An appurtenant item permanently attached to the structure in a manner that it can be considered an integral part thereof.
I had cause for exasperation this week when an agent for the buyer of one of our listings decided to challenge me on this issue. She was so full of conviction (full of something, anyway), that she suggested ended up giving me some helpful business advice. No doubt in the spirit of cooperation, she suggested I “consult my attorneys”.
On an almost daily basis, I am exasperated, so this is nothing new. And that frustration usually results from the absurd roles I invariable end up playing during the course of a transaction. I have swept garages, I have bartered furniture on my client’s behalf, and I have attended a client’s garage sale and not only bought their stuff but helped sell what I didn’t buy. ( I’m still smarting that I didn’t grab that gently used Mystery Date game while I had the chance), I’ve, of course, met the plumber, yet I have been the plumber; I have taken out trash, cleaned out refrigerators, and cleaned out toilets. While this latest frustration didn’t involve manual labor, it frustrated me no less.
So I ask you, just in case I am missing something, which of the following would you consider to be a fixture versus personal property in the transfer of real property?
Option (a) was a gimme. The microwave oven is clearly built in, and the contract is very clear on this point. Option (b) was likely not much of a challenge for you either, although Read more
