Settlement Fixtures

We’re about to settle on a property, but I am not clear about what items are considered fixture and cannot be removed.

In the contract, the solar panel is listed in the inclusions but we didn’t explicitly mention the solar storage battery.

The property also has plantation shutters throughout the building but in the contract it is only mentioned as blinds.

So my question is that is the seller allowed to take out the shutters and solar battery on settlement?

All these items are clearly listed in the property advertisement.

 

potentially yes

 

Are the batteries hard-wired or just plugged?

Are the shutters screwed into the window frames?

Make sure that they are still in position when you do the presettlement inspection.

 

Can you please explain more? Because I was told the shutters are screwed to the window frame then they cannot be removed as it might damage to the wall so they would be considered as fixtures.

 

Yes the shutters are all screwed to the window frame but don’t know about the battery

 

You would have to go and read some case law.. I am not a property lawyer so can't help with any more detail.

 

If doubt exists the fixtures should be specified as included or not included. Some things can be removable and pose a issue while other thing may look non-removable and be a issue. And there could be misundestanding by either party. A properly worded contract avoids uncertainty and confusion.

The buyer could amend their contract copy to specify these if they wish. eg "spa", "dishwasher" etc. Generally if it is a FIXTURE that is sinalled and attached it may be included. Removable fixtures like underbench dishwashers are a common question.

A solar system should definately be clearly specified IMO. The battery will be wired into this and should be incuded but a wise contract would specify to remove all doubt.