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.
Was the seller entitled to remove the gas fireplace?
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