Home Selling in 27519>Question Details

Summer, Both Buyer and Seller in Cary, NC

When selling, do speakers hanging on a wall stay with a house or if they are easily taken down (surface mounted, not in-wall) go with the seller?

Asked by Summer, Cary, NC Fri Oct 16, 2009

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It can be argued either way as to whether or not speakers are fixtures or personal property. A fixture is personal property that becomes real property. (A chain link fence delivered to the house but not installed when a house sells remains with the seller as personal property. Once installed it is personal property that is now a fixture and remains with the property). Also, fixtures are items that would normally be expected to transer with the sale of the house. (Cabinets, carpeting, vanities etc.). Usually ovens, refrigerators, dishwashers and light fixtures are considered fixtures as well. (What would normally transer with the sale of the real property). These items could be excluded in the sale but need to be indicated as such from the beginning.

One rule of thumb used to determine fixture or personal property is if removed will it leave a void. (Built in oven, cabinets and sheds on a cement pad).

The best thing to do is make sure that they are excluded on the listing sheet, and brochoures in the house, ads on line and on the contract if you are the seller and make sure that you include them on the contract if you are the buyer.
2 votes Thank Flag Link Fri Oct 16, 2009
This is an item that is becoming more commonly disputed.
The proper approach is to assure that items conveyance is clarified in the Offer/Contract.
There should be no assumption that they stay or go.
If a Buyer wants them, the Buyer asks for them.
If the Seller wants them, the Seller excludes them from the listing agreement and from the final Contract.
Web Reference: http://www.MikeJaquish.com
2 votes Thank Flag Link Fri Oct 16, 2009
Generally speaking if the items are permanantly affixed to the wall they would stay with the property. Surface mounting, hung in the same manner as a painting or photograph, would obviously be treated as such.........


Good luck
0 votes Thank Flag Link Sat Oct 17, 2009
In order to avoid any confusion, and perhaps the loss of a deal, take the speakers down, and repair any holes made in order to mount the speakers. Also you might indicate in the flyers or listing that the speakers are not ntaying with the home.
Web Reference: http://www.kstrealty.com
0 votes Thank Flag Link Fri Oct 16, 2009
The best way to handle this and any; Is it a fixture? Is it not a fixture? is to clarity. When in doubt take down the speakers if you want to keep them or write it in the contract that they "do not convey". I would also recommend placing a note on the speakers. Most people are well intended. Situations usually start to go bad when people feel they are not getting what is rightfully theirs. Good Luck!
Web Reference: http://www.LindaLohman.com
0 votes Thank Flag Link Fri Oct 16, 2009
If it is secured in a permanent manner, it is a fixture. Part of the real property and must stay unless specifically excluded and disclosed in the contract. Your contract will tell you if this particular item is included or excluded.
0 votes Thank Flag Link Fri Oct 16, 2009
Don't you think that is entirely up to you as to what the worth of those speakers are. If the buyer doesn't want them and you don't want them, what is the next step? TRASH
0 votes Thank Flag Link Fri Oct 16, 2009
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