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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Non-Fixtures are Personal Property Posted by Jk on May 23, 2003 at 12:41 AM In Reply to: Re: Non-Fixtures are Personal Property posted by Deneen on May 23, 2003 at 9:02 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. : My appliances are the run of the mill plug, nothing fancy or special. My point is if he wants appliances, he should go to the bank, not me. I never entered into any kind of contract with this man. He bought the property on the court house steps. His beef should be with the bank not me. If there was a problem with me taking the applicances I would assume that the bank would contact me, not the person who bought the house. I guess the final question would be did you take the appliances before it was sold at auction or after? What state are you in? If you took the stove after the sale the new owner may have a case. The bank is done with you, they've gotten their money and they do not have any ownership interest in the property. Seems somewhat petty for the new owner to raise a stink unless there was other vandalism to the property or you took a long time to move out. Follow Ups: Re: Non-Fixtures are Personal Property SeanW 6:44 PM, 05/23/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : : >>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. : : My appliances are the run of the mill plug, nothing fancy or special. My point is if he wants appliances, he should go to the bank, not me. I never entered into any kind of contract with this man. He bought the property on the court house steps. His beef should be with the bank not me. If there was a problem with me taking the applicances I would assume that the bank would contact me, not the person who bought the house. : I guess the final question would be did you take the appliances before it was sold at auction or after? What state are you in? If you took the stove after the sale the new owner may have a case. The bank is done with you, they've gotten their money and they do not have any ownership interest in the property. Seems somewhat petty for the new owner to raise a stink unless there was other vandalism to the property or you took a long time to move out. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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