Fixtures 2

If a buyer and seller end up in court fighting over a chandelier, the judge uses the "IRMA" test to decide if it is a fixture.I - Intent of the Parties. This is the most important test. Did the person installing it intend for it to be permanent? (e.g., A built-in bookshelf looks permanent; a bookshelf resting on the floor does not).R - Relationship (Agreement) of the Parties. Who installed it? Courts tend to favor the buyer over the seller, and the tenant over the landlord.The Contract: If the written contract says "The washer and dryer convey," that overrides everything else. Always put it in writing!M - Method of Attachment. How is it attached? If removing it will cause damage to the property (leave a hole in the wall), it is likely a fixture.Example: Curtain rods are screwed in (Fixture/Real Property). The curtains hang on the rods (Personal Property).A - Adaptation of the Item. Was the item custom-made for this specific home?Example: Hurricane shutters cut specifically for these windows, or custom drapes that match the odd-shaped window. Even if they are easily removable, they are fixtures because they don't fit anywhere else.