Question

If the court learns that the seller placed a sign that said "Not Included" on the stove every time a buyer looked at the property, the court will consider the intention of the parties in determining whether or NOT the stove is a fixture.

True
False

Answer 1

The statement is true because courts consider the intention of the parties to determine if an item is a fixture, which is when personal property becomes part of the real property. An explicit 'Not Included' sign by the seller indicates intention to retain the stove as personal property.

Step-by-step explanation:

The statement is True. When determining if an item is a fixture or personal property in the context of a real estate transaction, courts look at the intention of the parties involved. A fixture is an object that was once personal property but has been attached to land or buildings in such a way that it is now considered part of the real property. The intention is key in determining if an item that could be seen as a fixture should actually remain personal property. In cases where the seller explicitly indicates that a particular item is 'Not Included' as part of the real estate sale, courts will take this as a clear indication of the seller's intention to retain that item as personal property, despite any physical attachments to the property. This principle holds, even if the item, such as a stove, would ordinarily be classified as a fixture due to its nature or mode of attachment.