fixtures

I viewed a property and there was some sort of home theatre projector attached to the ceiling and a screen on the wall. I signed the contract which only mentions the air conditioning. Im still in the process of negotiating, but just curious about your opinion:

1. Is the projector and screen considered fixtures?
2. If so, do they need to be in the contract?

The real estate agent had previously made a comment that the above would only be included if I paid the listed price. Ive since been told elsewhere that the projector is a fixture along with things like curtains and hence are not negotiable items. I dont want a gaping hole in the ceiling.

Presumably when we agree on a price and the new price is added to the contract, I should include the above fixtures on the contract (or is it just a given).

Your thoughts.
 
if its not on the contract its not yours..having said that ensure its clear on the contract that if the projector is moved, any damage left must be professionally fixed ie: gyprock and painting etc........

make sure you do a final inspection once the vendor vacates and if unhappy with how the property has been left refuse to close the deal until it is rectified........

you should not sign anything legal unless you are 100% satisfied with the terms and description either....if in doubt ask and get anything relevant in writing.

good luck.
 
Hi there
if there is anything that you particularly want in the purchase - you should have it in the contract
anything that can be moved easily is a chattel rather than a fixture.
I once had a situation where a stained glass window was removed from the property - ordinarily that would be a fixture and not thought of as something that could be removed - the situation was resolved with the buyer paying less for the property (because the stained glass window was on its way back to England!)
thanks
 
Having just signed a contract today, I had all the stuff stuck or not stuck or sort of stuck to the house listed on there, to be sure. I'm leaving some freestanding furniture with the house though.
 
Unless specifically mentioned in the contract, all fixtures are part of the sale. Generally, anything that is mechanically fixed (screwed, nailed, glued...) and will cause damage to the property if removed is considered a fixture. This is, of course, open to any number of differing interpretations. I personally would consider them to be fixtures, but like I said, they probably have a different opinion.

You might have a case, however, as the agent claims to have advised that the items were only included in the sale if purchased at the full asking price, you may have a hard time. Good luck!:)

Boods
 
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