Are hanging speakers considered a fixture when selling a house or just the brackets that hold the speakers?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are hanging speakers considered a fixture when selling a house or just the brackets that hold the speakers?

We recently sold our house and the buyers are demanding us to turn the hanging speakers we had in our living room. They stated they we didn’t exclude them on our contract. I understand fixtures stay th the house like ceiling fans and lights, but are hanging fspeakers considered fixtures? Also, if it is considered a fixture because it was screwed into the ceiling, then wouldn’t just the brackets be considered the fixture. That is what we installed on the ceiling and the speakers merely sat in them- they are separate.

Asked on August 9, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Anything that you can take with you that does not cause damage to the house and that has not been bolted down is not a fixture.  If the speakers sat on the floor they would not be a fixture.  I think that you can make an argument either way here but I am going to have to side with you: they are personal property and not fixtures.  Seek help from your attorney.  A letter needs to be written.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption