Fixtures vs. Personal Property in Florida
Understanding the distinction between fixtures (real property that transfers with the sale) and personal property (movable items that do not transfer) is essential for every Florida real estate transaction.
Key Distinctions
- Built-in appliances: Fixtures | Freestanding appliances: Personal property
- Ceiling fans/lights: Fixtures | Floor/table lamps: Personal property
- Window blinds: Fixtures | Curtains/drapes: Personal property
- Built-in shelving: Fixtures | Freestanding bookcases: Personal property
- Permanent landscaping: Fixtures | Potted plants: Personal property
Commonly Disputed Items
- Chandeliers and decorative lighting
- Wall-mounted televisions and sound systems
- Hot tubs (built-in vs. portable)
- Security systems (owned vs. leased)
- Outdoor structures (permanent vs. portable)
Prevention
The FAR/BAR contract lists included fixtures. Buyers and sellers should walk through the property together, list all included and excluded items, take photos, and verify during the final walkthrough.
Related Terms
- Contract — Specifies included and excluded items
- Closing — Fixture status must be resolved before closing
- Equity — Fixtures affect property value
Barnes Walker Real Estate
Barnes Walker's real estate attorneys draft fixture provisions and resolve disputes in Florida purchase contracts. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC