The general rule for ﬁxtures and ﬁttings is that when a Buyer purchases a property, they receive the land, the permanent physical improvements such as any buildings erected on the land, and all items that are permanently attached to the improvements or buildings that are erected on the land.
The Offer to Purchase Form, needs to be clear regarding all aspects relating to the sale of the home as it is not uncommon for a Homeowner to have installed certain items in their home that they intend to take with them when they move. Even if the item is regarded as ﬁxture, a Seller is within their rights to take the item, provided the Buyer is aware of the fact and it is in agreement.
If the Agreement of Sale excludes any speciﬁc item, the Seller is entitled to remove it, Disagreements occur when the Sale Agreement is vague, therefore the list should be incorporated into the selling Mandate so that the Agent can point out to potential Buyers any items that will be removed by the Seller. i.e. all upgrades, ﬁxtures and ﬁttings of a permanent nature. Hence the necessity to deﬁne what is regarded as permanent nature.
There are four aspects to consider when deﬁning whether a ﬁxture or ﬁtting is of permanent nature:
To avoid any confusion or disputes at a later stage, a basic clause regarding the ﬁxtures and ﬁttings should be included in the Agreement of Sale. i.e.
“The property is sold inclusive of all existing ﬁxtures and ﬁttings of a permanent nature, which the seller warrants are his or her exclusive property, fully paid for and in working condition, including but not limited to: the existing garden, trees, shrubs, plants, curtain rails, rods, pelmets, ﬁtted carpets, the light ﬁttings, stove and/or oven, hanging mirrors, towel racks, shelves, as well as special tap ﬁttings, removable kitchen units, tennis court net, ﬁreplace grate or blower, ﬁtted kitchen storage units, awnings, , burglar alarm system, - if applicable, pool ﬁlter, pump and all cleaning equipment including automatic pool cleaner - whether ﬁxed or movable, if applicable, swimming pool equipment, inner and outer door keys”.