Do items attached to walls, such as TV’s, convey in a sale?

My husband and I placed ab offer on a model home. Do the window treatments and TV’s attached to the walls convey? Are we obligated to pay additional?

Asked on October 24, 2017 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Real estate is the land and anything annexed to the land with the intent that it be permanent. These attachments “fixtures.” Accordingly, a fixture is real estate that is sold with the land. Basically, you need to determine whether the TV was attached to the wall with the intent that it be permanent. Further, when determining whether or not something is a fixture, look at how it’s attached to the property and what type of damage its removal will cause. Typically, the intent is that a TV is personal the property of the seller, even one that is wall mounted, especially since it can be removed without causing damage. This same logic applies to the curtains but on the flip side If they are custom, then the intent would be that they convey with the property, especially if they are attached in such a way as removing would cause damage to the walls. Bottom line, a TV is personalty and therefore does not convey with the real estate, however custom drapes are not so typically would convey. That all having been said, the purchase and sale agreement controls just what is and is not a fixture. 


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