Water Softener, Fixture or Appliance??? - Posted by David

Posted by Bill H on January 09, 2007 at 23:00:26:

Peter or David:
This was answered 10 times over on the main board. What part of “IT is a FIXTURE” is it that you do not understand.

Note the “Laws of Fixtures” that I posted on the main board in response…in particular note item 5…says courts will favor BUYER over Seller.

Go ahead, take them out and get sued and let us all know how much it cost?

Good Luck,
Bill H

Water Softener, Fixture or Appliance??? - Posted by David

Posted by David on January 09, 2007 at 21:34:12:

Hey guys, I just sold my house, and specifically put on the contract that I?m taking all the appliances with me. So, the buyer made an offer with the oven, ref, and dishwasher, and I of course rejected it. He accepted my counter offer, but did not mentioned anything about the water softener, my question is, is the water softener an appliance or a fixture?

Just because it?s attach to the house makes it a fixture? So, is the oven a fixture? I plan on taking the water softener with me regardless, the buyers broker of course said that it?s a fixture, however the buyer?s agents knew from day one that I was going to take it with me. What do you guys think? And what would happen if this went to court?

Thanks.

Worth losing your sale? - Posted by John Merchant

Posted by John Merchant on January 11, 2007 at 08:07:18:

I had a deal like this when the Dr. I bought my first house from ($7500…it’s been a while :wink: threatened to take some stupid little built-in shelf that I particularly liked.

After being threatened with my walking because he was taking a fixture, he backed off. I’ve often thought how stupid it would have been to screw up our deal over a little gizmo that wasn’t critical to either party.

So I’d get with the B, buy him a cuppa joe and maybe flip a coin and don’t let this gizmo screw up your deal.