Question

Brad lists his home for sale, but the water heater breaks. He buys a new water heater but doesn't install it yet. Angelina buys Brad's house, knowing that the water heater is broken. Angelina says that she doesn't need Brad to replace the water heater. Is the new water heater a fixture in the home, or can Brad claim it as personal property and take it when he moves out?

Answer 1

Under the legal concept of fixture, the new water heater would likely be considered part of the home and Angelina would not be obligated to have Brad replace it.

Step-by-step explanation:

Under the legal concept of fixture, the new water heater would likely be considered part of the home and therefore Angelina would not be obligated to have Brad replace it. Fixtures are items that are attached or affixed to a property in a way that they become part of it. They are intended to stay with the property when it is sold. Since Brad bought the water heater for the purpose of replacing the existing one in the home, it would likely be considered a fixture.