What items must be considered part of the house?

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What items must be considered part of the house?

We have an expensive mirror hanging, not installed, on the wall above the vanity in the anteroom off the master bedroom. The anteroom is where the bathroom sink, medicine cabinet and other cabinets are located. Our buyer is adamant that the mirror is included as an integral part of the house because it hangs over the vanity and, therefore, goes with the house. The buyer has rejected our offer to sell the mirror based on the argument described above. Does the mirror go with the house or is it separate property that we the seller may remove?

Asked on July 2, 2019 under Real Estate Law, Texas

Answers:

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

Answered 1 year ago | Contributor

A fixture conveys with the property. However, a fixture is something that is meant to be permanently affixed to the property and whose removal would cause damage. Since you did not indicate this to be the case with the mirror, then it remains your personal property which means that you can either take it or sell it to the buyer (assuming that you can come to an understanding with the buyer about this). 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Since the mirror is hanging and is not installed, it can be removed. It is not a fixture because it is not attached to the property, and its removal will not damage the house.
If the mirror had been permanently attached to the house and its removal would result in damage, it would be a fixture and would be part of the house.


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