Whether you’re looking for a luxury home in Aspen, a ranch in Basalt, or a condo in Snowmass, your Aspen Realtor® will most likely talk to you about fixtures in a home—what the term means and which parts of a house it applies to.
What Are “Fixtures” in Real Estate When You Buy a Home?
Homebuyers encounter many legal terms specific to the real estate industry, and “fixtures” is one of them.
Fixtures are items of personal property that become permanently attached to a property. That means fixtures are items that are legally part of the real estate property.
There are a set of rules that determine whether or not a particular item is a fixture. The first test is the test of attachment. According to this test, an item is a fixture if removing the item would in some way leave the property damaged. The test of attachment makes items such as automatic garage door openers, central air and heating units, and most kitchen appliances part of the real estate. Because washers, dryers, and refrigerators are usually freestanding units, they are not typically fixtures.
Adaptation and Intent
The test of adaptation says that any item specifically designed for a particular property is a fixture. This means that built-in and custom-built items are part of the real estate. According to the test of adaptation, items such as built-in bookshelves, custom cabinets, and custom draperies are fixtures.
The test of intent makes any item a fixture and part of the real estate sale according to the intentions of the buyer and seller. Never depend on a verbal agreement for the test of intent. Buyers should include all property included in the sale within their sales contract.
Are You Buying a Home in Aspen or the Surrounding Communities?
We’d love to help you find your dream home here. Call us at 970-429-8275 or contact us online to let us know what you’re looking for so we can start searching right away.
While you’re here you can also browse our:
Search Aspen Real Estate Listings by Price