FACTS:

The buyer and seller executed a standard AAR Residential Resale Purchase Contract. After closing and taking possession of the property, the buyer discovered that the seller had removed a gas fireplace from the premises.

ISSUE:

Was the seller entitled to remove the gas fireplace?

ANSWER:

No.

DISCUSSION:

Section 1(g) of the Purchase Contract suggests that an attached fireplace stays with the property upon closing. Regardless of the Purchase Contract, a gas fireplace that is attached to the structure and plumbed to a gas line is a fixture, which is part of the real property conveyed in a real estate transaction.

Arizona REALTOR® Magazine – February 2012


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.