California Real Estate Salesperson Exam Practice - Quesiton 15

Question

Which of the following is not considered in determining whether an item of property is a fixture?

Selections

• A. Method of attachment

• B. Relationship of parties

• C. Cost of item

• D. The adaptability of item attached

---

Answer: C

---

5 Keys Summary

1. The determination of whether an item is a fixture (part of real property) or personal property is guided by five tests summarized by the acronym MARIA.

2. The MARIA tests are: Method of attachment, Adaptability, Relationship of the parties, Intention, and Agreement.

3. The options listed in the MARIA acronym are Method of attachment (M), Adaptability (A), Relationship of the parties (R), Intention (I), and Agreement (A).

4. The Cost of the item (C) is not one of the official five tests used in the MARIA acronym for classifying an item as a fixture.

5. A fixture is personal property that has become permanently attached to land or improvements, thereby becoming part of the real property.

Explanations

• Fixture Determination (MARIA Acronym): To determine whether an item of property is a temporary personal property or a permanent real property (fixture), five tests are used, summarized by the acronym "MARIA".

    ◦ M - Method of attachment: How the item is attached to the property. Items designed to be permanently attached are generally considered real property.

    ◦ A - Adaptability: Whether the item was created especially for the home. The greater the adaptation, the higher the probability it's a permanent fixture.

    ◦ R - Relationship of the parties: In legal disputes where evidence is inconclusive, courts often side with the tenant over the landlord, the lender over the borrower, and the buyer over the seller, unless exclusions are clearly written.

    ◦ I - Intention: The original intent of the party who attached the fixture is a major factor. This can be apparent from documentation or actions.

    ◦ A - Agreement of the parties: A clearly written legal agreement signed by both parties is the easiest way to determine if a fixture is temporary or permanent.

• Cost of Item: The "Cost of item" is not one of the five tests used in the MARIA acronym to determine if an item is a fixture. While the value of an item might influence disputes, it is not a formal criterion for classification.

Concepts Definitions

• Fixture: Personal property that has been affixed or attached to land, a home, or a commercial property, thus becoming part of the real property.

• MARIA Test: An acronym representing the five tests used to determine if an item is a fixture:

    ◦ Method of Attachment: How the item is physically attached to the property.

    ◦ Adaptability: Whether the item is specially designed or adapted for the property.

    ◦ Relationship of the Parties: The legal relationship between the parties involved (e.g., buyer-seller, landlord-tenant).

    ◦ Intention: The original intent of the party who installed the item.

◦ Agreement of the Parties: Any written agreement between parties regarding the item's status.