When selling a home, there is often the question of what items convey in the transaction to the new owner. Obviously, the buyer gets the land and the home itself, but does the buyer get the chandelier? What about the mounted TV above the fireplace? Or, how about the video doorbell?   

To answer these questions, we need to look at whether the item is a fixture and see what the contract says.  

Generally, a fixture is personal property that is attached to land or a building and that is regarded as an irremovable part of the real property. Absent some other provision in the contract, fixtures convey with the sale of real property.  

There are certain items in a home that are simple to determine whether they are fixtures, such as a built-in fireplace, a chandelier, or a brick wall. These items are clearly attached to the property. On the other hand, there are items that are easy to determine are not fixtures, such as freestanding furniture. Issues may arise when items fall into a gray area.  

Under Virginia law, we generally use three different tests to determine if something is or is not a fixture. Put simply, we can ask, “Is the item attached, how essential is the attached item to the property, and did the owner intend to make the item a permanent addition to the property?” Here, intent does not mean some secret intent by the owner, but it also does not mean the owner had to express intent in words. Intent can be inferred from the nature of the item affixed and the purpose for which it was affixed.  

Let’s apply these tests to a mounted TV. If the TV is attached to the wall and the cables cannot be disconnected without tearing the wall down, then it would likely be considered a fixture. However, you could also have a TV attached to a mounted wall bracket, but the TV is easily unplugged and moved. In that case, the mounted bracket would be a fixture, but the TV may not be.   

Now, let’s apply these tests to smart home devices, such as a video doorbell. These items can create additional issues because often a device is attached to property, but there is also an account and subscription associated with using the device. In most of these cases, the devices are attached, and something like a doorbell is typically an essential item associated with a home. The main issue here may be the owner’s intent, especially since the owner has an account with a monthly bill associated with the device.  

One way to look at this issue is to conclude the devices themselves are fixtures, but the accounts are not. Therefore, the devices would convey, but the owner would cancel the accounts or subscriptions for the devices. It would then be up to the new owners to create their own accounts or subscriptions to use these devices. While this may be a nice middle ground, many owners have strong feelings that these devices are their personal property.   

Remember that in real estate, almost everything is negotiable. Even if something is legally a fixture, the buyer and seller can agree in the contract that it does not convey. If you have a seller that has items in the home and wants to keep those items, put that in your listing and in the contract to ensure all parties know what conveys and what does not.  

Also, keep in mind that many Standard Forms have provisions in them about certain types of fixtures. For example, Virginia REALTORS^® Residential Contract of Purchase includes language listing items that are considered fixtures, including audio-video or media mount and mounting hardware. Make sure you read your contracts carefully because they may list items that are considered fixtures, and what one form contract considers a fixture another might not.   

Because there can be confusion regarding fixtures, the best practice is to clearly state in the contract which items will convey and which items will not.   

Still have questions on this topic? You can always contact the Virginia REALTORS^® Legal Hotline.