FIXTURES (RPA vs. MLS)
Phone: 888-NO-RISKK Facsimile: 909-982-4142
RE: FIXTURES (RPA vs. MLS)
Many disputes are wages over who owns “fixtures”.
Disputes generally arise when Buyer takes possession and discovers that Seller has taken the chandelier, trampoline, pool sweep or other personal property from the residence.
Paragraph 8 of the RPA defines “fixtures” and consists of Sections A, B and C.
Paragraph 8A of the RPA provides:
“Items listed as included or excluded in the MLS flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or C.”
This means that neither Seller, nor Buyer, is bound by statements regarding fixtures in the MLS or any marketing material unless those items are identified in the RPA.
In other words, Seller cannot rely upon MLS regarding “excluded” items. Seller must specifically exclude the items he wants to keep in the RPA.
Paragraph 8B provides that all fixtures and fittings attached to the property are part of the sale of the property.
This means that all “fixtures” are included in the sale and belong to the Buyer unless specifically excluded in Paragraph 8C. A Seller who wants to keep certain “fixtures” must exclude them in Paragraph 8C or they are deemed sold to the Buyer.
Paragraph 8C defines “fixtures” to include:
“Existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms.”
All fixtures on this list are sold with the property. Fixtures on this list that Seller wants to keep must be specified as “excluded” from the sale in Paragraph 8C of the RPA.
Fixtures not included on this list (such as custom built-in furnishings) that Buyer wants to keep should be specified by reference in Paragraph 8B3 of the RPA.
When in doubt, just specify each fixture that Seller wants (8C) and that Buyer wants (8B3).
Then there is no confusion.