Home Selling in Albany>Question Details

Ken, Home Seller in Albany, NY

I've sold my house and am waiting for the closing. Can I take my outdoor and surround speakers if they are screwed to the wall?

Asked by Ken, Albany, NY Tue Aug 17, 2010

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Tough one. Generally speaking, if they are affixed to the structure, they could be considered fixtures, like lighting, door knobs, drapes, etc. And, then they would typically stay. However, you may just want to talk to your agent/attorney and see what was dictated in the contract and mls. If it wasn''t addressed specifically and because they are not built in speakers, you'd probably be fine to take them as it is tough to argue that something mounted with a screw is really a fixture. Hope that helps.
1 vote Thank Flag Link Tue Aug 17, 2010
Ken,
Rather than answer your question, let me pose one of my own. Are you willing to jeopardize the sale of your house over this? Because in a worst-case scenario, that's what could happen.

As others have said, whether the speakers are considered a fixture is not obvious. Refer to the following website:

http://definitions.uslegal.com/f/fixture/

And you will find that a drapery rod, attached to a wall with nails, bolts, or screws can be viewed as a fixture in some places. How different is that from speakers that are screwed to the wall?

I'm assuming your contract does not state that the speakers are to be excluded from the sale. For what it's worth, here is what the "'Lectric Law Library" has to say about such a situation:

"Fixtures are automatically included in a sale, unless specifically mentioned in the contract as going to the seller."

Ken, I am not an attorney, and this is not legal advice. However, please don't lose sight of the goal--You're trying to sell your house.

In most parts of our country, Sellers are waiting a long time to find a Buyer. Many Sellers are offering incentives to Buyers to purchase their property. Consider your leaving the speakers as a Buyer incentive, a nice gesture that will make the Buyers feel happy that they bought your home.

To your success,
Maggie Hawk, REALTOR
(386) 314-1149
Watson Realty Corp.
0 votes Thank Flag Link Tue Aug 17, 2010
Consult with your attorney and also review your contract--were they excluded from the sale to begin with--
0 votes Thank Flag Link Tue Aug 17, 2010
This is more of a legal question best answered by an attorney. However, as with anything spelling out the inclusion or exclusion of items in writing is always the best bet and elminates problems at the closing table. I have been there many times over curtains, refrigerators, etc . Always put it in writing. Unfortunately it is a little late for that.
0 votes Thank Flag Link Tue Aug 17, 2010
I would advice you talk to your realtor on this. My truIia answer would be the following...

I think if they are not considered a fixture and if you did not included them in the sale of the home in the Sellers Disclosure form then yes take your speakers. Unless there is a signed bill of sale on these items in the contract they are considered personal property and can be removed before closing.
0 votes Thank Flag Link Tue Aug 17, 2010
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