Real property is land and any structure that is permanently attached to the land. Examples of real property are houses, yards, detached garages, etc. Deeds are used for transferring title of a real property.

Top

Personal property is an item that is not attached to a real property and therefore considered movable. Examples of personal property in the house are furniture, linen, throw rugs, free-standing refrigerator, washer, dryer, etc. Unless specified in the contract, usually personal property is not considered part of the sale of the property. As a rule of thumb, when in doubt, confirm in writing whether an item is or is not included in the sale.

Top

A fixture is an item that is usually attached to the real property and therefore considered permanent part of the real property. Examples of fixtures are chandeliers, built-in appliances, wall-mounted mirrors, window coverings, air-conditioners, intercoms, etc.

Top

Not necessary! If the owner wants to exclude any fixture from the sale of the property, the owner needs to put that in writing, preferably in the counter offer or on an addendum, and get buyer’s agreement on it. Otherwise, whatever is attached or sometimes not attached (like the cooking stove) are assumed to be included in the sale of the property. Free-standing refrigerator, freezer, washer, & dryer are usually not considered as fixtures. As a rule of thumb, when in doubt, confirm in writing whether an item is or is not included in the sale.

Top