Should a Tonal Home Gym Convey to Buyer??

There was a circumstance where on a recent final walkthrough, a home buyer noticed that a Tonal Home Gym in the bonus room was missing. It was pictured in the MLS listing and stayed in the home the entire time they were under contract. Now the wall is patched but badly scarred.

Is the seller in breach of contract for removing the home gym? Maybe.

There are basically two ways to determine if the gym is a ‘fixture’ that should convey. 1) There is a list on the Offer to Purchase form 2-T in paragraph 2a); and 2) NC state law controls what a fixture is.

NC state law uses the Total Circumstances Test to determine whether an attachment is a fixture and therefore part of the land. The test examines four factors:

(1) the intention of the person installing the attachment;

(2) the permanent or temporary nature of the attachment;

(3) the way the property was adapted to accommodate the attachment; and

(4) the relationship of the person installing the attachment.

Home gyms are not listed as a fixture in paragraph 2a)

With regard to NC state law, both the buyer and seller would be able to make a case, and they might have to go to arbitration or court to decide.

Best practice is to make clear exactly what conveys before the offer is even made to avoid surprises.

The home does need to be in the same condition at closing as it was when the offer was made, so the seller would probably need to repair the scarred walls.