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3. Relationship of the Parties If a fixture is not mentioned in a contract, and it is affixed to the property, most courts will give the seller the benefit of the doubt. A refrigerator that is just plugged in would be considered personal property and would remain with the seller. To protect yourself, any questionable fixtures should be mentioned in the purchase agreement. Real estate salespeople remember: your client should secure a bill of sale for any questionable items. In the case of a tenant and landlord, the court usually rules in favor of the tenant. There are, however, no set rules. A court decision is dependent upon the facts of each individual case. 4. Intention
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