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Re: Non-Fixtures are Personal Property

Posted by SeanW on May 23, 2003 at 6:50 AM

In Reply to: Re: Non-Fixtures are Personal Property posted by Jk on May 23, 2003 at 0:32 AM

>>Whether an article is a fixture depends on the intention of the parties and may be determined by the manner in which the item is attached, its type and adaptability to the real property, the purpose it serves and the relationship of the parties. In California built-in appliances are considered fixtures. Items like stoves and dishwahsers are usually considered part of the property while refrigerators are usually not.

I don't disagree with that. Any sales cantract can explicitly omit or include appliances to clear this up between the parties. Foreclosure sales drag these interpretations into open dispute. My point was not so explicitly about what color the item is, but that it's purpose was intended to match with and be part of the property. Sounded like she was just talking about the usual Sears-type plug-in appliances.


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