When the revised California Residential Purchase Agreement was released by the California Association of Realtors this spring there was a change that reflected technological progress and the resulting conflicts.
The previous contract and the current contract specify that fixtures and fittings that are attached to the property are included in the sale. However that became part of the California Residential Purchase Agreement *before* wall mounted flat screen TVs! Now imagine that a buyer makes an offer on a house, with the contract stating that fixtures and fittings that are attached to the property are included. Does the buyer have a right to expect that the TV remain - after all it is attached to the wall. How does this get decided?
The new contract clears up the confusion. The wording is clear:
Unless otherwise specified, audio and video components (such as flat screen TVs and speakers) are excluded if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component is attached to the Property.
So brackets or other mounting mechanisms are attached to the property and need to remain. TVs and speakers may be removed from their brackets and mounting mechanisms and go with the seller.
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