Question 1 of 12
How would you decide whether an item attached to a home is a fixture or personal property when the contract is silent?
Strong Interview Answer
I would look at attachment, adaptation to the property, objective intent of permanence, the parties’ relationship, and any agreement. A built-in dishwasher that is plumbed and wired into the cabinetry is ordinarily a fixture and transfers with the real estate unless the contract says otherwise.
What to Listen For
- attachment/adaptation
- intent of permanence
- agreement controls
- built-in dishwasher is ordinarily a fixture
Caution
Do not use removability alone. The fixture analysis looks at the whole relationship between the item and the real estate.