2019-2020 Minnesota Real Estate Contract Changes [Editor’s Note: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced. If you need legal advice, please consult an attorney.] Every August 1 (today!), the annual changes to Minnesota’s standard real estate forms go into...Read More
What to Do About the 5′ Tall Fiberglass Statue on the Front Lawn Should the Buyer of this 1950’s rambler just west of Cedar Lake expect the Lucy statue on the front lawn to come with the home? Step #1: determine whether it’s a fixture — Realtor-speak for, “is it permanently attached to the home?”...Read More
Fixtures vs. Personal Property: The Proactive Solution It’s not always clear whether something is a “fixture” or “personal property.” In theory, the test is straightforward: is the item in question permanently attached? The rub, of course, is what constitutes “permanent”: one person’s easy removal and repair (usually by the Seller) is another’s “of course it...Read More
Avoiding Personal Property “Tug of War” The general rule in residential real estate is that fixtures stay, personal property goes. Which, I suppose, just begs the question: ‘what’s a fixture?’ (See, “How to Tell if Something is a Fixture“). But a good corollary is, “when in doubt, better to be explicit.” So, the Sellers in...Read More
No, this probably isn’t what people have in mind when they hear the term, “mobile home.” But what else would you call this Land Rover specially equipped with a roof-mounted tent? Intended for rougher environs, it keeps the mountains lions — and other wildlife — safely at bay. P.S.: Unbeknownst to most people, mobile homes...Read More
“The Moving Van Test” One of the friction points in a house sale can be what does — and doesn’t — come with the home. The general rule is that fixtures come with, personal property doesn’t. Which begs the question: what’s a fixture? Definition The standard definition is that a fixture is something that’s permanently...Read More
