“Does the refrigerator stay in a Colorado transaction?”

The following will outline historical practice but is not legal advice.

The Colorado contract has used the terms “fixtures” and “personal property.” Fixtures stayed with the proeprty unless specifically excluded in writing.

Fixtures were loosely defined as anything that required the use of a tool before you could remove it.

Personal property was loosely defined as anything you could just carry off (you could take it if all you had to do was unplug it). Sellers could take personal property with them.

The contract listed items that fell within the definitions of fixtures including built-in kitchen appliances but did not address the typical refrigerator.

“Back in the day” most agents adhered to the general rule that the typical refrigerator, since it only had to be unplugged to move was personal property and therefore did not stay unless the seller and buyer explicitly agreed that it would.

Then along came ice makers and their associated water lines.

While some sellers and agents tried to say they could detach the water line using just their hands and no tools, most water lines require a tool to detach them.

So did that make refrigerators with ice makers and water lines a fixture?

While there have been sellers and agents who argued over this question, most agents, for the seller or buyer, overlooked the water line issue and continued to treat refrigerators as they always did, that they were personal property that the seller had the right to take with them.

Starting 1-1-2016 the Colorado contract changes the wording as follows:

Instead of “fixtures” the term “inclusions - attached” will be used and,

Instead of “personal property” the term “inclusions – not attached” will be used.

It doesn’t seem that this will change common practice. It also doesn’t clarify the status of a refrigerator with an ice maker and water line.

What to do?

Assume that the kitchen refrigerator will go with the seller, even though it may take a tool to disconnect the water line, unless it is specifically stated in the contract, in section 2.5.4 or some agents may address it in section 30, that it will remain in the house and become the property of the buyer.

To be sure, be specific, in writing.

Consult your attorney for legal advice as needed.