When buying a home, it's not unreasonable to assume that everything you see during a viewing - such as the built-in bookcases, the light fittings and the satellite dish - is included in the sale.
"But actually that may not be the case," says Gerhard Kotzé, MD of the RealNet estate agency group, "and many buyers have experienced the shock of moving into a their new home to find that many items that they regarded as "fixtures" have been removed by the previous owners.
"In our experience, other such items have included ceiling fans and air conditioning units, purpose-made blinds, pool cleaners, pool pumps, borehole pumps, garage shelving, kitchen cabinets, water features, and sometimes even plants and shrubs from the garden."
And while it is possible to get the items returned, he says, this usually does not happen without bad feelings arising on both sides - especially if the sellers genuinely believed that they were entitled to remove anything that was not actually part of the original structure of the home.
Fortunately, however, there is a relatively simple way to avoid any dispute over the home's fittings and fixtures, and that is:
- for buyers who are viewing homes for sale to ask whether specific items they really like are included in the sale or not;
- for sellers who would like to remove certain items that have personal significance to state upfront that these are not included in the sale; and
- for both parties to then ensure that their intentions are clearly written into their sale agreements.
Kotzé says sellers should note that the method of attachment usually decides whether an item is legally a 'fixture' or can realistically be considered a personal possession. "A mirror that has been hung like a picture can rightfully be removed without dispute, for example, but one that has been screwed to the wall should be considered a fixture and left in place - no matter when it was installed.
"However, if there is a fixture that the sellers really want to remove, such as a large heirloom sculpture, religious artefact or a specific light fitting, this is still possible, provided that they clearly state their intention to their agent and to prospective buyers, and ensure that the items are individually noted in the sale agreement."
Similarly, buyers who have negotiated for curtains, appliances and other items that are not fixtures to be included in the sale must make sure these are also specified in the agreement, and a professional agent will be happy to do this in order to avoid the possibility of future disputes.
Author: RealNet
