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waleska20 waleska20
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6 years ago
Discuss whether each of the following would be a fixture or personal property. Be certain to discuss all relevant factors in making your determination. a. In a residence, a sofa and chair that are made of the same fabric as the draperies. The buyer of the residence wants to know. b. Would the answer be different if the house were being taken by eminent domain? c. A floor cable for PROFS, the IBM intraoffice communication system. The tenant wants to know if it can take it when the lease expires. d. Refrigerators in an apartment complex that is being sold.
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6 years ago
a. Probably will still be personal property; buyer could negotiate to have included with the house, but they are still usable in seller's new property in spite of matching aspect
b. Yes - would probably be treated as fixtures in order to give the owner maximum value

c. Would be a trade fixture but there would probably be significant damage upon its removal if it is inwall.

Items to consider: who installed; can others use it? Lease provisions on fixtures?

d. Probably a fixture since it is a commercial transaction.
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