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"Warren" wrote in message ... 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. Based on this logic (and you KNOW I'm kidding), fake leaves should be glued to the trees if the buyer made the purchase offer before autumn. |
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