Hi Fred-

Linked below is an article I wrote recently about the difference between a fixture and personal property. A wall mounted TV which is attached via a tool to the bracket that is attached via another tool to the wall, will likely be interpreted as a fixture, because a fixture is anything that requires a tool to be removed.

If the TV were 100% free of the wall bracket, hanging, as if it were a picture or artwork, then it would be personal property. But most TV's are attached to the bracket in some way (most likely a 2 piece bracket), and since the entire bracket must convey, the TV conveys as well.

Going a little "old school", back in the day, we used to have wall mounted TV's where the wall mount was a big ugly shelf, and the TV simply sat on the shelf. In that case, it was pretty obvious that the wall mount was a fixture, and the TV was just personal property. With flat panels, because the buyer probably cannot easily see the attachment mechanism, assumptions will invariably be made.

The best solution includes notations in the home and MLS listing (if you don't want to remove it from the wall before the home is listed), along with being 100% certain that your intentions with regard to the TV are written into the purchase contract. Even if that means you need to counter-offer for only this item, be sure it is written into that purchase contract, if you do not want it to convey to the buyer as part of the house.

Fred,
Mention that the TV does not convey in the listing and in any offer to purchase, counter. This way everyone is on the same page...if you want put a sticker on the unit for showing appointments. Either way, keep your TV up as it nice for you and can become a great negotiation tool later on if someone wants it.
Good Luck,
Brad

Not to disagree with my colleagues, but to clarify ~ what the MLS sheet says is irrelevant. The purchase contract will prevail. So even tho you may say something "TV not to convey to buyer" in the MLS listing, if it is NOT written into the contract, then there's room for doubt, disagreement and trouble. Make sense?

...randy

If I remember correctly from a class I took, that would be considered a fixture and would convey to the buyer. I agree with Rod, either take it down before showing or be very clear in the MLS and to prospective buyers and their agents that it does not convey.

Agree with Randy. I would also recommend specifically identifying items you want to remove in the MLS listing. This can then be negotiated between you and the buyer. Another option is to remove the bracket and HDTV before listing the home for sale so there won't be any discussion.

Hi Fred!

I can't answer as an attorney, but in my opinion, the way you've described the TV, the TV itself would be considered personal property but the mounts themselves would be considered "fixtures," and thus should convey to the buyer. That's assuming you can easily snap the TV out of the brackets and remove it.

The difference between personal property and real property can be a very tricky mine field. Was the TV included/named in the purchase contract? What does you Realtor say? What were the buyer and seller 'expecting'? Yes, it can get a bit hairy.

Let me know if you want to discuss it further.

...randy