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.

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