đź”§ What Is a Fixture in Real Estate? Definition & Examples
A fixture is an item that was once personal property but becomes real property when it is permanently attached to a home or the land. Fixtures usually stay with the property during a sale unless the contract states otherwise.
How Fixtures Work
Fixtures are items that become part of the property when they are installed, built-in, or permanently attached. Once attached, the item is legally treated as real property rather than personal property.
Common criteria for determining a fixture:
- Attachment: Is it permanently installed or bolted down?
- Adaptation: Was it custom-built or modified for the space?
- Intention: Did the owner intend it to be a permanent feature?
- Agreement: Is it written into the purchase contract?
Courts often use the “intention test,” meaning if the installer intended it to be permanent, it’s likely a fixture.
Why Fixtures Matter in Real Estate
In Real Estate Transactions:
- Determines what stays with the home during a sale
- Reduces disputes over appliances, decor, and built-in items
- Affects the property’s value and listing details
- Clarifies whether items are real property or personal property
Examples: Fixture vs. Personal Property
- Built-in oven = fixture
- Freestanding oven = personal property
- Mounted TV bracket = fixture
- Movable TV = personal property
- Hardwired light fixture = fixture
- Plug-in lamp = personal property
Example of a Fixture in Action
A seller removes a wall-mounted dining room chandelier before closing. Because the chandelier was hardwired into the ceiling, it is considered a fixture and should remain with the home unless the contract specifically excluded it. Removing it may violate the purchase agreement.
Why Fixtures Matter for FSBO Sellers
- Prevents disputes over what is included in the sale
- Helps create accurate MLS listing descriptions
- Clarifies which items sellers can take with them
- Ensures fixtures are properly disclosed in the contract
Understanding fixtures helps FSBO sellers avoid legal issues and negotiate clean, conflict-free contracts.
Related Real Estate Concepts
Selling Your Home FSBO?
List on the MLS and reach millions of buyers while saving thousands in commissions.
View Flat Fee MLS Plans →