Are bathroom wall mirrors fixtures?
QUESTION: I recently attended a training class on the latest forms changes. The trainer said that bathroom wall mirrors are now fixtures regardless of how they are attached. Is that so? Why are bathroom wall mirrors now being treated differently from other mirrors?
ANSWER: “Bathroom wall mirrors” has been added to the laundry list of items specified as fixtures in paragraph 2(b) of the Offer to Purchase and Contract (form 2-T). That part of the Contract now reads in relevant part, “all bathroom wall mirrors and all attached wall and/or door mirrors.”
The change was made due to the prevailing expectation that bathroom wall mirrors will stay with the property regardless of the manner in which they are attached. Perhaps that’s because there’s a universal expectation that a bathroom will have a mirror (or mirrors). Thus, any bathroom wall mirror will now be considered a fixture even if it’s hung like a picture and easily removable. Any other mirror will be considered a fixture only if it is attached to the wall in a more permanent way.
Of course, the parties may change the contract to provide otherwise. For example, if the seller wants to take a bathroom mirror, the mirror should be listed in paragraph 2(d) as an item that will not convey. Or, if the buyer wants the gilt-framed mirror hanging on a hook above the mantel in the living room to stay, the mirror should be listed as an item of personal property in paragraph 3.
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