Doug Kanter wrote:
that last question, I'd say common sense. If the BBQ's out in the
driveway when the realtor arrives with a couple of lookers, can it be
considered part of the house?

It depends on whether it's a built-in or a free standing BBQ. A free
standing BBQ is furnature. Personal property. Not a fixture. Not part of the
real property.

A built-in is a fixture, not matter how easily it can be removed. If a
fixture is normally removed seasonally, then it's still a fixture even if
it's not in place. It's not personal property. It's still part of the real
property. A buyer should perform due dilligence to make sure that the
missing fixture still exists, and will be left for them, but lack of due
dilligence by the buyer doesn't necessarily take the seller off the hook.

If the lookers aren't gardeners, and don't realize that in their
particular climate, cannas come out of the ground in the winter, can they
seriously expect to make an issue out of the plants? In this case, the
"right thing" is to save the lives of the plants.

I never said not to save the life of the plants. The "right thing" is to
take down storm windows in the summer, too. But those actions do not affect
whether the items are fixtures, and part of the real property. The "right
thing" I'm referring to has to do with how you handle fixtures that will not
be part of the sale of the real property.

Technically, if it's the season that the bulbs should be out of the ground,
those bulbs are still part of the real property, and should be available to
the buyer to replant at the correct time. If that's not the intention, and
the seller wants to take the bulbs with them, they need to handle the
situation just like any other fixtu Either replace the fixture with
something else prior to putting the real property on the market, or
specifically exclude the fixture from the sale by including that exclusion
in the sales agreement.

--
Warren H.

==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
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