If a seller takes a ceiling fan which was not specified in the sales contract, what is TRUE regarding the ceiling fan?

In the context of real estate transactions, certain items are classified as either real property or personal property based on how they relate to the property. Real property generally includes fixtures—items that are permanently attached to the property, such that they are considered part of the real estate.

A ceiling fan is typically considered a fixture because it is usually installed in a way that it remains with the structure of the house. If the sales contract does not specify that the ceiling fan is to be removed, it would generally be assumed to be part of the real estate, meaning it would convey with the property to the buyer upon sale.

Therefore, if a seller removes a ceiling fan that was not mentioned in the contract, it can be argued that it should have remained with the property, as fixtures like ceiling fans are inherently tied to the home’s value and function. This understanding aligns with the notion that items left behind in a home’s sale are generally assumed to belong to the incoming owner unless explicitly stated otherwise in the sales contract.