Buying a home

Are certain aspects of the home you want to buy important to you? Fixtures, often known as goods that are physically linked to the home, generally remain in the home when it is sold. Unfortunately, there is sometimes ambiguity around what constitutes a "fixture." As a result, some purchasers may discover that their favourite belongings have been removed from the home after they move in.

Wine Fridges, Refrigerator, Stove, Washers, and Dryer

A seller doesn't need to leave a stove or refrigerator in the kitchen, even if it may be common practice for them to do so. Even though they are enormous, heavy, and difficult to move, the appliances are not considered fixtures as long as they are not permanently fastened to the land. This means that they may be removed. Unplugging and removing refrigerators, as well as wine refrigerators, is possible. If there is a machine that makes ice automatically, it can be removed quickly, and a cutoff valve can be used to turn off the water supply.

In the case of a gas stove, the seller may turn off the gas valve and remove it, whereas, in the case of an electric stove, all they need to do is unhook it. Unplugging a washer and dryer, as well as removing them, is not a difficult task. Generally speaking, each of these electronic devices is regarded as a piece of personal property.

Fish in a Pond

The fish are considered personal property, even if the pond or water feature is normally considered a fixture and cannot be moved. People who keep koi as pets are common among those who breed fish. The fish are not considered fixtures; thus, the sellers can transport them to their new home unless an exclusion or addendum specifically states otherwise in the sales contract.

Swimming Pool and Above-Ground Hot Tub

Hot tubs and freestanding swimming pools may be separated and removed with relative ease. If it is not positioned within the home, but in the yard, it is probably not considered a fixture but rather personal property. If the buyer does not want the pool or tub, the seller may be required to remove it from the property. However, in certain cases, sellers may choose to keep the pool or tub for the buyer since it may assist in the home commanding a higher sales price. You must clarify in your purchase offer that you do not want the pool or hot tub already included in the home you are acquiring if you are the property buyer.

Window Treatments

In most cases, window coverings such as blinds and shades affixed to the window are referred to as fittings. On the other hand, drapes or curtains that may be removed from a rod without much effort are often considered personal property. When a seller has a bedspread or duvet cover that matches the window treatments in the master bedroom, it may often be the beginning of the problem. It is reasonable to assume that the seller would want to retain ownership of the window coverings.

It is quite likely that none of the windows in the new home will be able to accommodate the window coverings. Suppose window coverings are not specifically mentioned in the purchase contract, and the seller intends to keep them. In that case, it is a good idea to include a clause in the purchase contract stating that window coverings are not included in the sale of the property.

Home Theater Systems

In most states, a home theatre system, television, and outdoor speakers are considered personal property. On the other hand, the brackets and mounts can be regarded as fixtures if they are not specifically excluded from the purchase contract.

Conclusion

If you are a buyer and want to ensure that any of the goods listed above are included in your purchase, then you should make sure to mention them in your offer. If any of the products you do not want, or if you are the seller and want to retain anything that you've put in the home, then you should add a notation that those items are excluded from the sale. None of these two straightforward actions at the negotiation table leaves room for uncertainty.