Arizona Real Estate Questions - Personal Property Or Fixture?
Arizona Real Estate Questions - Personal Property Or Fixture
?
"Fixtures" and "Personal Property" are often terms that are confusing for those purchasing real estate in Arizona. It's quite common for buyers to ask material and important questions when considering a home such as:
Is the water softener included?
Do the ceiling fans come with the home?
How about the drapes and drape rods?
Are the sellers going to leave the pool equipment?
What about the storage shed in the back yard? Is that included with the home?
The litmus test generally is how an item is attached to the home. A fixture is an item that was at one time personal property but is affixed to the home in a way as to become part of the home itself. A buyer purchases the fixtures affixed to the home. Personal property is not part of the real estate transaction unless it is mutually agreed upon by buyer and seller in the purchase contract.
For those using the standard Arizona Association of REALTORS Residential Resale Real Estate Purchase Contract, reference section 1g lines 28 - 39 for further clarification:
Fixtures and Personal Property: Seller agrees that all existing fixtures on the premises, and any existing personal property specified herein, shall be included in this sale including the following:
free-standing range/oven
flush-mounted speakers
outdoor landscaping, fountains, and lighting
built-in appliances
attached fireplace equipment
water-misting systems
light fixtures
window and door screens, sun screens
solar systems
ceiling fans
storm windows and doors
pellet, wood-burning or gas-log stoves
towel, curtain and drapery rods
shutters and awnings
timers
draperies and other window coverings
garage door openers and controls
mailbox
attached floor coverings
attached TV/media antennas/satellite dishes
storage sheds
If owned by the seller, the following items also are included in this sale:
pool and spa equipment (including any mechanical or other cleaning systems)
security and or fire systems
water softeners
water purification systems
As you can see, the AAR Residential Resale Real Estate Purchase contract does a very good job of identifying what fixtures are to convey to the new owner. However, if in doubt always error on the side of caution and make sure that anything of material importance is spelled out in the purchase contract, and both buyer and seller are agreeable.
* *Please note, this article is of a general nature only. This article reflects the opinion of the author only. Seek advice from Lawyers or other qualified professionals regarding your specific situation or with any questions you may have.**
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