Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipEasy
A buyer is interested in a property that includes a built-in bookshelf, a custom-designed chandelier, and a detached garden shed. During negotiations, the seller states they intend to remove the chandelier before closing. Which of the following is the MOST important factor in determining if the chandelier is a fixture?
- AThe intention of the parties.
- BThe difficulty of removing the chandelier without damage.
- CThe cost of the chandelier.
- DWhether the chandelier is permanently attached.
Show answer & explanationAnswer & explanation
Correct answer: A. The intention of the parties.
The intention of the parties, particularly as expressed in a sales contract, is the paramount factor when determining if an item is a fixture or personal property. While attachment and damage are considerations, the seller's stated intention to remove it overrides other factors if agreed upon.
Why the other options are wrong
- B. The potential for damage upon removal is a factor, but intention takes precedence if clearly established.
- C. The cost of an item is generally not a primary determinant of whether it is a fixture.
- D. While attachment is a factor, intention can override how an item is attached.
Fixture Test: Intent
The most important factor in determining if an item is a fixture (real property) or personal property is the original intent of the party who installed it, especially as agreed upon by the buyer and seller.
- Intention is paramount.
- Often expressed in the sales contract.
- Overrides other fixture tests if clear.
Memory trick: AIM for clarity when deciding what stays and goes.