Question
A seller removes a wine refrigerator that was custom-built into kitchen cabinetry, bolted to a shelf the cabinet maker cut specifically to fit it, and wired to a dedicated outlet, right before closing. The buyer never mentioned it in the offer. Does the buyer have a valid claim?
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Yes. Under the fixture test, an item becomes a fixture when it is physically attached (bolted), specifically adapted to the property (the cabinetry was custom-cut to fit it), and installed with an apparent intention of permanence, regardless of whether the contract mentioned it by name. Because none of the factors point toward it remaining personal property, the built-in unit conveyed with the home automatically once title transferred, and the seller's removal breached the contract's implied inclusion of fixtures already in place at the time of the offer.
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