When buying or selling a home in Arizona, a common question is: What actually comes with the house? It’s not as simple as flipping a home upside down and keeping whatever doesn’t fall out. The idea of a fixture is what determines what conveys with the property—and misunderstandings here are a frequent spark for disputes.
What Is a Fixture?
A fixture is anything considered part of the property. The classic test is attachment: if the item is fixed to the land or home, it typically conveys with the sale—think built-in shelves, light fixtures, and cabinets.
Beyond Attachment: Function & Expression
“Attached” isn’t the only lens. In Arizona practice, two additional ideas help clarify what stays:
- Function: If part of the home doesn’t work without the item, it conveys. Examples include keys, garage door remotes, and custom shelves that complete a built-in space.
- Expression: If an item is an expressive element of the property’s design, it may convey even without mechanical attachment. For instance, a unique pot designed to match the portico could be considered part of the property, whereas an ordinary planter generally would not (unless attached).
Why It Matters: Avoiding Disputes
These details feel small—until they become the beginning of a lawsuit. Buyers often assume something is included; sellers assume it isn’t. That gap in expectations is where trouble starts.
Protecting Clients Through Contracts
Lesson for REALTORS®: if an item is material to your client—meaning the offer would have been different if it weren’t included—it belongs in the contract. Don’t rely on “common sense.” Specify inclusions and exclusions in writing to align expectations and reduce risk.
Key Takeaways
- Fixtures (typically attached items) usually convey with the property.
- Function matters: if the home doesn’t work without the item (keys, remotes), it conveys.
- Expression may matter: design-integrated pieces can be treated as part of the property.
- To avoid disputes: put all material inclusions/exclusions in the contract.
Quick FAQ
Do keys and remotes convey? Yes. If the home can’t be properly accessed or used without them, they convey.
What about appliances? It depends—some are fixtures (built-ins), others are personal property. If it’s material, list it in the contract.
Decor that matches the design? If it’s truly integrated into the property’s design, it may convey. When in doubt, put it in writing.