Fixture Determination in Real Estate
A fixture is personal property that has become permanently attached to real property. Determining fixture status is critical in Florida real estate transactions because fixtures transfer with the property while personal property does not.
The Florida Fixture Test
- Annexation: How is the item attached? Permanently affixed items are more likely fixtures
- Adaptation: Is the item specifically adapted to the property's use?
- Intent: Did the installer intend permanent attachment? (most important factor)
- Agreement: What did the parties agree to in the contract?
Common Fixtures
- Built-in appliances (range, dishwasher, microwave)
- Ceiling fans and light fixtures
- Bathroom mirrors and towel bars
- Built-in shelving and cabinetry
- Landscaping and permanent plantings
- Window blinds (attached to the frame)
Common Disputes
Chandeliers, wall-mounted TVs, window treatments, hot tubs, and security systems frequently cause disputes. The FAR/BAR contract addresses fixtures by listing included items and allowing exclusions.
Related Terms
- Contract — Defines included and excluded items
- Equity — Fixtures affect property value
- Closing — Fixture status resolved before closing
Barnes Walker Real Estate
Barnes Walker's real estate attorneys resolve fixture disputes and draft clear contract provisions for Florida property transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC