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If a Plasma TV is bolted to the wall and you show the house that way, does the TV have to stay?
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That's an a question that I think would best be answered by "depends." While Purchase Agreements typically say anything physically attached is a fixture and stays, things like plasma TV's should really be considered separately.
A $2000 TV should not kill a $200,000 purchase. The biggest concern would be if the TV is removed, what is done about the holes? Buyer and seller should work through their agents to figure out what is most important to each. |
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Absolutely not - The only time you would have to leave the TV is if it was in the subjects (Purchase contingent on keeping appliances including washer dryer, plasma TV) etc
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Great answer - couldn't have said it better. In a similar situation, I had an attorney tell me he could argue either way, fixed property or personalty, depending on who was the client.
This is why I always ask my seller to remove any items they want to take with them before property is shown to any buyers, even if it is inconvenient. john |
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The TV could also be added in the exclusion section of the listing to cover your backside.
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Thesa Chambers Broker, RE/MAX Sunset Realty Central Oregon Real Estate | Central Oregon Homes Specializing in All of Central Oregon First time homes to Resort Properties |
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I have never seen it left except when it was spelled out in the contract. It isn't part of the house, just like a person doesn't leave their speakers just because the bracket is mounted into the wall.
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You could get numerous answers to this so I will throw in my .02. IN the case of a TV, which has no real relationship to a house, I think it would be considered personal property. This would be somewhat different than an HVAC unit which plays an integral part in a home today. Not to say that a TV is not integral in most homes - it just doesn't make the home better or worse by itself, therfore easier to decide that it is personal property.
Fixtures are "generally" defined as being permanantly attached to a house - like shutters. What makes a screw more permanent than a hook to hold a TV?
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Ryan Ward, REALTORŪ - Keller Williams Realty Consultants. (404) 630-3187 Atlanta Real Estate - My featured area is Alpharetta Real Estate and it is where I call home. Read my Atlanta Real Estate blog. |
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Ok so taking this a little further for arguments sake, what about dropdown projection screen TV's you know those really high end ones?
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Want to save up to 50% off Real estate webmasters product websites & common upgrades? Check out my latest blog post regarding our end of the year sale. |
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While this would seem to muddy the water a bit more, I still think that would be considered personal property. This would definately be something that I would get in writing.
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Ryan Ward, REALTORŪ - Keller Williams Realty Consultants. (404) 630-3187 Atlanta Real Estate - My featured area is Alpharetta Real Estate and it is where I call home. Read my Atlanta Real Estate blog. |
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