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Choosing a home that reflects the beauty, style, and sophistication of San Miguel de Allende is an exciting adventure. These questions may help you narrow your focus:

 

  • Are you looking for a home in the historic Centro, or are you open to outer, often quieter neighborhoods?

  • Do you prefer colonial or contemporary architectural styles?

  • How important is walkability to you?

  • Would you like to live in an equestrian-oriented community?

  • Do you prefer to live in a community with a golf course?

  • Do you have school-age children?

  • Do you intend to rent out your home?

  • How many bedrooms would you like? Do you require a downstairs master?

  • Are certain features such as a garage or pool critical to you?

Let us begin the process of matching you with the home of your dreams.

Fixtures In Real Estate: The Definition And How They’re Determined

Miranda Crace (Quicken Loans)

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Gray Areas For House Fixtures Even with all this guidance to help us determine whether an item is, in fact, a fixture, disputes still happen – especially when it isn’t immediately clear whether an item is personal property or a fixture. Say you planted a beautiful garden in your front yard that you’ve lovingly tended to for many years. When you move out, you plan to dig it up to transplant to your new home. Can you do that? Some may say you can, but others may argue that it’s a part of the property, not your personal property. What if you’re a buyer who fell in love with a home for its beautiful front yard landscaping, complete with a gorgeous row of lush, colorful flower beds – but come move-in day, the yard is all torn up from digging out the landscaping and the flower beds are nowhere to be seen? Who is right in this scenario? Often, it comes down to what was in the purchase agreement. The best way to avoid conflicts like this is to clearly communicate what each party wants and make sure the agreed-upon terms are included in the contract.

 

 

Buyers shouldn’t assume that something is going to be included with the home, especially if it’s something they are particularly interested in. If you had your eye on the built-in bookshelf since the first showing, make sure to ask about it during contract negotiations. If the seller takes with them an item that you had planned on remaining in the home, you can save yourself a lot of headache ahead of time by having in writing what stays and what doesn’t before the final walkthrough. When they’re first listing their home, sellers should work with their real estate agent to clarify what objects in their home qualify as fixtures. When working with prospective buyers, be clear about what’s included in the sale. Both parties should be clear and communicative during negotiations to prevent confusion and ensure a smooth and successful purchase.

The Bottom Line: Determine Fixtures Early Or Be Disappointed Disputes over fixtures in real estate can cause a transaction to completely fall apart, so it’s imperative that both buyer and seller determine what’s staying and what’s going before things get too far in the process.

The best way to head off disputes is to be very thorough and specific about what stays with the home in your purchase contract. MARIA And Fixtures MARIA is an acronym used by some real estate professionals as an easy way to remember the criteria for determining if an item is a fixture or not. “M” stands for “method of attachment.” When determining if an item is a fixture, look at how it’s attached to the home. Things that are screwed, glued or otherwise permanently affixed to the property are fixtures. “A” is for “adaptability.” This test refers to whether an item has become an intrinsic part of the property, even if it is easily removed. A common example would be floating flooring. This type of flooring isn’t nailed down to the subfloor and instead “floats” on top of it, but it’s still considered to be an integral part of the home and, thus, a fixture. “R” is for the “relationship of the parties.” If all else fails and a judgment must be made, who’s who in a complaint can make a difference. In seller/buyer disputes over fixtures, buyers tend to have the upper hand. This is because it’s generally assumed that if a seller installs something in their home or makes some sort of alteration, their intent is for it to be a permanent addition to the property. This is contrasted with tenant/landlord fixture disputes, where it can be assumed that the tenant had the intention of taking any fixtures they installed themselves with them when they moved out. “I” stands for “intention.” Similar to the previous criterion, this test tries to determine whether the homeowner could have reasonably intended the item to become a permanent part of the real property. “A,” finally, is for “agreement.” This refers to what’s written in your contract. When in doubt, your purchase agreementis your best guide to what is and isn’t included in the sale.

Examples Of Fixtures In Real Estate It helps to know what items are typically considered fixtures or not. Read some examples below. Fixtures The following items are commonly left in the home after it’s sold:

  • Washers and dryers

  • Ceiling fans

  • Chandeliers

  • Curtain rods

  • Towel racks

  • Blinds and window coverings

  • Built-in shelving and cabinets

  • Smoke and carbon monoxide detectors

  • Landscaping (anything planted in the ground)

Non-Fixtures These items will typically go with their owners to their new home:

  • Furniture

  • Refrigerators

  • Rugs

  • Detached bookshelves

  • Curtains and drapes

  • Yard decorations

Image by Jezael Melgoza

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