My referring realtor wanted to know whether the flatscreen TV on a wall mount was an unattached good (chattel) or an attached good (fixture). Her seller wondered whether they could take the TV or whether they had to leave it, and it was not addressed in the contract.
Standalone televisions would always have been chattels. But, now that there are flat screens and wall mounts, things have changed. Here's a comment from a site I found:
Chattels are usually goods that are not fixed to the land or property by anything other than their own weight. These are usually furniture and small appliances in a property and are the belongings of the owner. However, this does not include built-in furniture. A chattel can become a fixture if it has been affixed to the home and it cannot be removed without causing damage to the property.
My opinion? The seller could take the position that the TV is an unattached good (chattel), but the securely fastened wall mount was likely an attached good (fixture), and it would have to stay.
But why worry about opinion or risk having an argument? The best practice is to list absolutely everything in the house. Use the relevant contract sections to specify exactly what is unattached and attached.
Protect yourself
Cheers,
Barry
I'm taking on new clients. Please consider me and
Field Law when you write your next deal.