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Dayton OH Real Estate Question

When you buy Dayton Ohio Homes for Sale, What stays?

I often get question on Dayton Ohio real estate related topics and from time to time I like to answer them here. This helps buyers of Dayton Ohio homes for sale or owners attempting to sell Dayton Ohio real estate advice. Are you looking to buy or sell a home right now? Go directly to Dayton Ohio Real Estate Expert

So, what is a Dayton Ohio Real Estate FIXTURE... that is the question.

We had a purchase agreement signed on a home and later found out that the basketball goal on the driveway was not included as it was not listed. I had assumed that since the basketball post was bolted to the base plate and foundation, there was no question about it not being a part of the house. What is the answer?

So, lets set the stage here..

So, which of these to basketball hoops stay with the Dayton OH homes for sale? Answer... the one on the left does NOT stay and the one on the right does. Maybe NOT exactly for the reason you think... The one on the left goes because it is portable, unless the real estate contract says it stays. The one on the right stays since it is attached to the ground.... Why else???

Well you see if something basically becomes a part of the Dayton Ohio real estate it is a fixture and stays. Check out the photo... notice that the ground has been turned into a basketball court and would not make any since without the hoop... so even if you had the portable hoop from the left there it would be a Fixture. So when you are shopping Dayton Ohio homes for sale keep this in mind.

Here can be one rule of thumb...

If is is nailed down it stays... So DON'T do this... :-)

Posted by Mark Ryan, Broker, CRS, ABR, CDPE on 08/16/2008 12:49 AM

Comments (4)

dayton ohio real estate, dayton ohio homes for sale

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4 Comments on Dayton OH Real Estate Question

AUG

2008

Wow .........Dayton, Ohio.........I live on Long Island and worked for Monarch Marking Systems as a Customer Service Field Technician from 1981 - 2002...They were owned by Pitney Bowes when I started..then they were sold to Paxar Corp. 50 % stake and Odysey Partners 50% stake in 1995...then Paxar Corp. bought out Odysey Partners 50% and they named the company first Monarch-Paxar..then Paxar-Monarch...then Paxar Corp......I understand now it's Avery-Dennison...Is that right?....I know they kept the Monarch name around...hell, the company was started in 1890...Was excellent company when I started(still had a family feel, even as large as it was back in 1981)......Had a GREAT 21 years with them...

I still keep in contact with some of them out there!!

Anyway...thanks for the post about what stays and what goes...Interesting.....

Hey....REMEMBER Max n' Erma's Restaurant when they had the telephones on each table...that was really cool...had a lot of fun the first time I visited that place....Do they still have that STEAK place where you actually Barbeque the steak yourself??

Thanks, Rick

I had a buyer that wanted to take her antique lighting fixtures attached at the ceiling, but she couldn't because they were attached. This should all be discussed at time of listing.

Mark: I remember being taught in real estate school when I first acquired my Ohio real estate license... that a fixture was anything that, the removal of which, would leave damage to the property. With that definition in mind... in your picture on the right... if the basketball goal post is bolted to a base that is set in the ground in concrete, the post could be "unbolted" and taken, since that does not leave any damage behind. The base that is set in concrete in the ground, if removed, would obviously leave damage behind. It is always better to... when in doubt... write it into the contract. Perhaps the definition of a fixture that I learned in RE school has changed. I know it may sound silly... but along the same lines... drapery rods... can be removed because no damage would occur... but the brackets that are drilled into the wall may not be removed... because doing so would cause damage. I think that is one of the reasons why many contracts already have the verbiage of both drapery rods and brackets... along with the draperies... written in the contracts.

AUG

2008

Karen,

I agree if it left damage it would be a fixture for sure... but Ohio courts have ruled that even if it can be taken without damage things can become fixtures. The case I remember for sure involved statues in a garden that had concrete pads, pedestals and lighting... the actual statues could be taken away with no damage and were not eve attached... BUT they were fixtures due to the fact that they EFFECTIVELY became part of the property...

Rick,

Funny I actually lived on Long Island for a few years about 8 years ago... Not sure what steak place you are talking about... sounds fun?

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