When buying or selling a house, it can be difficult to decipher what is included in the purchase and what is not, especially with technological installments such as the Nest Thermostat.
A Nest Thermostat is considered a fixture because it is fixed to the house and would be difficult to remove if you took it with you. Furthermore, the lack of a thermostat could damage the house for future potential buyers.
To learn more about why Nest Thermostats are fixtures and how you can keep your nest fixture when you move, stick with me on this article!
What Is a Fixture?
When an object is attached to a property in some way, it becomes a house fixture.
When something is installed in your house, it is considered part of the property, and ownership of these fixtures will transfer to whoever the home is sold to if it is sold.
If something uses a screwdriver or tool to remove, it is probably considered a house fixture.
Fixtures are protected by law and are defined by California’s laws as something attached to land by roots like a tree, or “embedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached [by screws].”
Even if something is easy to remove, it can be considered a fixture.
For example, many ceiling lights are considered fixtures, even though they could be removed because wires attach them.
Another quality that makes something a fixture is its ability to be removed without causing damage.
Just because something like a refrigerator bulb can be removed does not mean it is not a fixture, because removing it can damage the refrigerator’s interior.
Therefore, removing this item would cause a fixture to be damaged if you are leaving your fridge for the next owner. Thus the item is a fixture.
Some examples of fixtures include fans, window air conditioning units, and smoke detectors.
One fixture that may surprise you is your garage door opener– although this item is not physically attached to your house, it is electronically connected to your garage door and is therefore considered a fixture.
Why Is My Nest Thermostat Considered a Fixture?
Nest Thermostats are smart thermostats that adapt to your needs to save energy and create a convenient, adaptable thermostat system.
It can be connected to WiFI, and once connected, you can control it from anywhere.
For example, if you forget to turn off your thermostat after leaving for vacation, you can use your Nest Thermostat app to turn it off from home, so you don’t waste energy.
Furthermore, Nest Thermostats have sensors that allow you to keep each room at a set temperature, so you don’t have to worry about wasting energy by heating your whole house when you will only be in certain rooms.
They even have a tracking system that encourages you to save energy by tracking how much energy you have saved!
Hopefully, this will enable you to save money in the long run despite the thermostat’s price.
Clearly, there are many reasons you would want to keep your Nest Thermostat when moving houses.
However, while Nest Thermostats are controlled by your phone, they are also considered fixtures of your house, and cannot be taken with you when you move.
Because they can be controlled by an app attached to your phone, it may seem like they should not be considered a fixture- after all, while the thermostat is fixed to your house, the controls are not.
To demonstrate why your Nest Thermostat is a fixture, let’s return to the example of the garage door opener.
Although you can move your garage door opener anywhere in your house or beyond, it is a fixture because it is closely related to the house.
Likewise, the Nest Thermostat is connected to your house, and even though the controls are used from your phone, they still connect to something fixed in your house, making them a fixture.
What to Note When You Are Negotiating for Fixtures
If you have a fixture that you want to keep after selling your house, there are a few steps you can take.
Nest thermostats are very high-tech and are smart thermostats, so you may be attached to your Nest and want to keep it to ensure maximum convenience when you move.
Know What Is Yours
Sometimes, negotiations may vary based on your real estate market and deals.
Whether you are buying or selling your house, you should consult a real estate agent to ensure you know which items will stay in the house and which will move.
Generally, if you would have to hire a contractor to remove something, it is probably supposed to stay.
When you can easily detach something by hand, whether this is by unhooking, sliding, or disconnecting it, it usually isn’t a fixture.
While this includes most electronics, it does not include electronics attached to your wall, such as your Nest thermostat.
However, if you are confused about what you are taking with you when you move, you should talk to your agent and buyers.
Make a Trade
If you are selling your house and are very attached to a certain fixture, you can keep it by trading it with a substitute.
You can simply remove your fixture and replace it with an alternative, so the home seller can keep their valuables while the home buyer can reap the benefits of a particular fixture.
This method works particularly well with sentimental fixtures, like your grandmother’s crystal chandelier.
Even if it is a fixture that was gifted or installed by you, if it is attached to your house, it becomes a part of the house and its purchase.
So, if you have a bookshelf built into your wall by a family member, you could remove it and replace it with a store-bought one.
The same is true for grandmother’s chandelier- simply replace it with another chandelier.
As for your Nest Thermostat, you can keep it by trading it with another thermostat.
Just ensure you inform purchasers that a different thermostat will be included.
Pay Attention to Your Contract
Another way to ensure you can keep fixtures like your nest thermostat is to negotiate a purchase offer that includes your thermostat.
When you are making an offer on a house, you could ask that the thermostat be included and that the owner does not replace it.
Conversely, if you are selling a house with a Nest thermostat, you can request that the purchase does not include the thermostat so you can take it with you.
You can even choose to keep other fixtures, such as appliances.
Simply let your agent know that you do not want appliances included in your house’s sale, and they can inform buyers and exclude them from the contract.
As a new homeowner, if you want an appliance or Nest thermostat to be included with your house, ask your agent to look for houses where these fixtures are included.
Conclusion
Overall, fixtures are items like appliances and thermostats connected to your house and it would be difficult to remove.
Your Nest Thermostat is considered a fixture, but if you really want to keep it, you can replace it or negotiate with your buyers to keep the thermostat in the contract.
If you are purchasing a house with a Nest Thermostat, it should be included in your purchase to enjoy its convenience and technology when you move.