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Unused Furnace Air Filters ~ Chattels or Fixtures?

Reblogger Maureen McCabe
Real Estate Agent with HER Realtors

 

Christmas Eve... I should save this post for two weeks from now since it is about furnace filters* but I forgot today is Friday!  Maybe I forgot it was Friday and I need to post a post about a furnace here  because it is Christmas Eve?

Brian asked this question back in November and only got one comment and does not seem to have come back to answer it...  Furnace Friday with a legal twist.  I will answer the question "Chattels or Fixtures" in the first comment here and on Brian's original post because I would love to know the answer....

* January 7, 2010 is the first Friday in January and that is Furnace Filter Friday if you are changing your furnace filter the first of each month.  

Thanks to Brian Madigan for allowing a Re-Blog of his post "Unused Furnace Air Filters ~ Chattels or Fixtures? "

 

Original content by Brian Madigan

Unused Furnace Air Filters ~ Chattels or Fixtures? 

Bob moved into an old house and shortly after, he discovered that he needed to replace the furnace.

With all the moving costs this was going to be a very costly item. He didn't budget for the $10,000 in expenses.

However, his friendly furnace guy had a proposition. A manufacturer had some older model furnaces that were new and still in boxes but they were actually 9 years old. They would also include some replacement parts since they were not going to be stocking them any longer. This would represent a major saving in cost.

So, he bought and installed the brand new furnace which happened to have been manufactured 9 years earlier. He got some replacement air filters that came with the furnace. They will fit. New ones may not.

They were sitting beside the furnace when he sold the house. Can he take them? Or, are they fixtures and they must stay with the house?

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Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I do not play a real estate attorney online or offline and Brian is one... in Canada... so I look forward to his answer to his question in his original post: 

"They were sitting beside the furnace when he sold the house. Can he take them? Or, are they fixtures and they must stay with the house?"

I am going to take a stab and say the furnace filters are still Chattel but it sure would be nice for the seller to leave them for the buyer of the home.  I wonder if the seller needs to disclose you can no longer buy filters for the furnace or parts either...  "They would also include some replacement parts since they were not going to be stocking them any longer."

Dec 24, 2010 06:00 AM
Darrin Carey
Dayton Capital Partners LLC - Dayton, OH
Real Estate Lender for Investors

Legally, (not an attorney) he can probably take them, but Why? if they are specific to that model of furnace, what use is there for them elsewhere?

I'm always leaving a few furnace filters behind whenever I sell one of my houses. They are relatively inexpensive and help the new homeowner.

Jan 03, 2011 01:24 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Thanks Darrin... Brian is an atty in Canada... I really want him to stop back on his original post and answer his question.

International interest?

I think if furnace filters got moved out it would be more by accident than anything else.  The movers who grab the broiler pan from inside the range.... probably could grab a box of furnace filters.  I took a broiler pan  back to Dayton Ohio about 20 years ago... yes it was not attached to the range but gee whilickers I specifically put it inside the range that remained with the property.  No I did not put a sticker on it. When it comes to Jennair attachments there could be a whole carload of things if the mover guys were very thorough... 

I think most people would leave filters.

Jan 03, 2011 01:39 AM