Which of the following statements about fixtures in real estate sales is true?

Study for the California Real Estate Broker Exam. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare efficiently and effectively for your licensing exam!

In real estate transactions, fixtures are items that were once personal property but have been permanently affixed to the land or a building, making them part of the real estate. The statement that they are assumed to stay with the property reflects the general legal principle known as "intention to fixture." This principle holds that when an item is affixed to a property in such a way that it becomes part of the property, it is typically presumed that the item will remain with the property upon its sale unless explicitly stated otherwise.

This assumption is grounded in the idea that fixtures are integral to the property's use and value, and buyers generally expect that these items will not be removed by the seller before or during the sale process. As a result, unless a specific agreement is made to exclude a fixture, it is assumed to be included in the property transfer.

The other statements don't align with the standard understanding of fixtures. Items can only be removed before closing if both parties agree, but the default expectation is that fixtures remain. They do not need to be listed separately in the purchase contract, as they are included by default unless noted otherwise. Additionally, while fixtures are initially owned by the seller, their classification as part of the real estate means they are passed to the buyer

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