If you’re planning to put your Boston condo for sale, an experienced downtown Boston condo agent will ask you to make a list of excluded items when you sign the listing agreement. If you’re like me, you want your stuff! So, figuring out ahead of time what constitutes a fixture – that’s important!
As a Boston condo seller is your favorite chandelier a fixture or not?. Understanding what is a fixture, and what is not included in the sale by statute is important to avoid disappointment for both Boston condo sellers and buyers.
The first rule of thumb is this: consider if the item is nailed down, bolted, mounted. This covers a wide range of items inside the Boston Seaport condo for sale. This might seem simple enough, but the debate about what constitutes a “fixture” has caused many post-sales lawsuits. Fixtures will stay with the home unless specifically excluded. This includes light fixtures, shelves, cabinets, built-in shelves, and more.
Consider the mount for the big-screen TV. It might seem logical to assume the mount would go with the TV when the sellers leave, but technically it could be considered a fixture as it’s bolted to the wall. What about a window-mounted air conditioner? If it’s sitting in the window, it’s typically personal property, but if there is a hole in the wall to accommodate it, then it’s a likely fixture.
Outdoor items are subject to the same rules. Anything planted in the yard goes with the home. As a Boston condo buyer or seller this won’t be much of an issue, but if you’re selling a single-family home, keep it mind.
Clearly, it can be confusing. Over the years, more and more explanation had been devoted to this topic in the Massacusetts Offer to Purchase contract. Fortunately, an experienced Realtor can help you navigate this as well. Communication and attention to detail will go a long way in preventing expensive misunderstandings.
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Updated: Boston Real Estate 2022