11 September 2015
Our client is purchasing an apartment. On the verandah is a large water feature. It is not plumbed in but it is rather large. I would doubt that two people could lift it, but I guess it had to get there at some stage.
The purchasers feel it is a fixture and should stay with the property, but the vendor is wanting to take it or sell it to our clients for $5,000.
Similarly, there is a sound system hard wired into the wall cavity which has speakers etc. The vendor wants $4,500 for it or is saying that they will take it. Your thoughts on both the water feature and the sound system would be greatly appreciated.
The water feature is a chattel.
The speakers, amplifiers, TV etc. are chattels but the wiring is a fixture.
The speakers etc. can be disconnected from the wiring and removed. This may leave 'holes' but the purchaser has no right to complain as the 'holes' were there when the contract was signed.
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