Page 33 - LORENA'S DREAM PRESENTATION
P. 33
FIXTURES
RELATIONSHIP OF THE PARTIES: If the dispute is between tenant and landlord, the tenant is likely to win. If the dispute is between the buyer and seller, the buyer is likely to prevail.
INTENTION OF THE PARTY: When the item was attached. When the item was installed, if you intended it to be permanent, it is a fixture. If you installed a built-in bookcase or planted rose bushes, they were intended to be permanent.
AGREEMENT BETWEEN THE PARTIES: Purchase contracts usually contain a clause that defines the items that will be included in the sale, such as, "All existing fixtures and fittings that are attached to the property." It may further list specific items.
