Comments on: Fixtures versus Personal Property

By: Steve Belt

Steve Belt — Wed, 02 Jul 2008 02:01:17 +0000

@Jon- The way a flat panel TV is “attached” is definitely an area in which the line is blurred. I personally have 3 of them attached in various manners around the house, and I really don’t know if any of them would be considered a fixture. I’d have to look at each of them carefully to determine that. And then regardless, if my home were up for sale, we’d be very clear in the listing and any purchase contract to clarify each one of them, if they were on display during the listing period (I’d have a hard time forgoing the one in the exercise room).

@Eric- yes, if there’s a bunch of value assigned to personal property in a sale, that would certainly mess with a loan. Personal property really needs to be addressed via a separate bill of sale in those cases.

By: Eric Murrietta

Eric Murrietta — Tue, 01 Jul 2008 20:57:53 +0000

Steve,

Thank you for the great information and very useful to lenders as well. Sometimes we have to help real estate agents who list some really random things as part of the contract that can’t be part of the contract. I especially like the part about the heirlooms and chandeliers, things people hardly consider when going through the selling process.

By: Jon Griffith

Jon Griffith — Tue, 01 Jul 2008 18:38:30 +0000

One item to note, which has has been a questionable item is the flat panel television. Mounting brackets come in all shapes and sizes. From flat mounts, tilt mounts, flush mounts, and articulating mounts, not all of them will secure the television to the wall, rather, they’ll simply keep it from falling.

Most mounts are gravity mounts which means the bracket on the wall is permanently affixed to the house, usually through studs (if installed correctly,) and a bracket is installed on the television. Two separate parts. The television bracket typically rests on a lip on the wall bracket. I suppose the argument could be offered that the mount is designed to be one full piece and because the television is attached to half of the mount, it is considered attached to the wall mount. Many of these mounts come with a security screw that prevents the television from being accidentally knocked off.

If the security screw, which isn’t required to mount the television, were left out of the installation and you turned your house upside down, the television would fall off of the wall.

The best bet, regardless of anything you’ve heard or speculated upon, is to remove that which you do not want to convey and replace it with something that you do want to convey. Purchase a dummy flat-panel to show what it would look like with a television if you’d like to avoid the gray areas.