Writing in proper descriptions of items that convey into the contract or addenda is one way to help avoid fixture or personal property disputes.
SCR310 conveys fixtures. Generalized "fixtures" court test: how affixed, intended use, intent of the parties?
Breach of contract lawsuits (SCR310) is a lawsuit for damages/money and your attorney fees (incentivizes settlement). Most cases settle. SCR offers mediation.
SCR forms committee created a form to help with this issue:
https://www.screaltors.org/wp-content/uploads/Forms/530.pdf
Posted by: Byron King on 05/16/23 (This information is only accurate as of 05/16/23. You must contact SCR for updates and changes to this information after 05/16/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.