Do items attached to walls, such as TV’s, convey in a sale?

UPDATED: Oct 1, 2022

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Do items attached to walls, such as TV’s, convey in a sale?

My husband and I placed ab offer on a model home. Do the window treatments and TV’s attached to the walls convey? Are we obligated to pay additional?

Asked on October 24, 2017 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Real estate is the land and anything annexed to the land with the intent that it be permanent. These attachments “fixtures.” Accordingly, a fixture is real estate that is sold with the land. Basically, you need to determine whether the TV was attached to the wall with the intent that it be permanent. Further, when determining whether or not something is a fixture, look at how it’s attached to the property and what type of damage its removal will cause. Typically, the intent is that a TV is personal the property of the seller, even one that is wall mounted, especially since it can be removed without causing damage. This same logic applies to the curtains but on the flip side If they are custom, then the intent would be that they convey with the property, especially if they are attached in such a way as removing would cause damage to the walls. Bottom line, a TV is personalty and therefore does not convey with the real estate, however custom drapes are not so typically would convey. That all having been said, the purchase and sale agreement controls just what is and is not a fixture. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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