Real Estate Q&A

Q: We have signed a contract to buy a house in Florida. Before we signed the agreement, there were two refrigerators in the house: one in the kitchen and the other in the garage. We were told that both refrigerators would stay with the property. Closing is scheduled for next week, and now we have been advised that the garage refrigerator will be removed. I do not understand when a refrigerator is a fixture and when it is not.

A: One easy way to avoid this type of problem is to always ask for a sellers disclosure that relates to all aspects of the property and have all items that you want to include in the contract clearly stated within the contract. Generally speaking, and in the absence of a contractual agreement to the contrary, fixtures remain with the house. Personal items can be removed by the seller. When real property is involved, verbal statements will generally not be admissible in a court of law. The stakes are too high, and there can be a lot of confusion, when the parties do not reduce their promises and their commitments to writing. Be on the safe side: put everything into your written sales contract and have it signed by the buyer and the seller.

Posted by Donald Urschalitz P.A. at February 27, 2005 01:48 PM