Appliances as "personal property"?

Question

Just curious if anyone has any first hand knowledge of legal or court decisions that hold whether installed appliances like Refrigerator, built in microwave, gas range, dishwasher would be considered "personal property" in a foreclosure situation.
In other words, are they legal for the outgoing owner to strip from a home after a foreclosure auction.
I know we could debate this, but I am looking for any actual legally tested situations you are aware of.
Thanks

J Scott · Answer

Nope, not a fixture...

Justin S. · Answer

I know of no legally tested situations but my understanding and what was taught in agent school:

Fixtures - Dishwasher, range, built in microwave, built in fridges, blinds, ceiling fans, lights

Not fixtures - washer/dryer, fridges.

Dan V. · Answer

I was curious about this myself once I put a bid on a foreclosed house that had appliances in it.  Once I researched it, I feared that I may lose these newer good quality items; w/d, range, refer., built in micro. as well as some window coverings and a couple of over-the-toilet cabinets.
Since this was a foreclosure the bank and auction company was sure to protect themselves very well.  I don't think anything would go to court because of all the inclusions in the purchase agreement such as:

"9. Personal Property: Items of personal property, including but not limited to window coverings, appliances, manufactured homes,
mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property are
not included in this sale or the purchase price unless the personal property is specifically described and referenced in Section 38
of this Addendum. Any personal property at or on the Property may be subject to claims by third parties and, therefore, may be
removed from the Property prior to or after the Closing Date. The Seller makes no representation or warranty as to the condition
of any personal property, title thereto, or whether any personal property is encumbered by any liens. The Seller assumes no
responsibility for any personal property remaining on the Property at the time of closing."

I was willing to take the chance that these items would still be there until I had the locks changed.  With the price I submitted, I willing to accept some unknowns or walk away from my earnest money if the sale wasn't remedied.

Eric M. · Answer

i would agree, thanks.  Would a copper water line attached to the fridge make it a fixture?

Todd Bayer · Answer

The simple answer is if it is attached to the house by bolts, screws, hard wiring, pipes, nails or any other way to "permanently" attach it to the house, it becomes a fixture which is part of the real property.  A refrigerator that simply plugs into the wall is not a fixture, but if it's a built-in refrigerator with cabinets securing it in place, it is now a fixture.

Appliances as "personal property"?

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