In purchasing property upon which buildings have been recently erected, it is safer to require and so state in the contract that the seller at the time of the delivery of the deed will produce and deliver to the purchaser certificates of the Tenement House Department, if such exist, or otherwise of a corresponding department, if such there be, showing that the buildings and improvements on the property have been inspected, passed and approved by the department; also proper certificates showing the right to have the property occupied, and also showing that the buildings have been passed on and approved by the proper building department or bureau. If the property is not "tenement " property, the provision with respect to the Tenement House Department is of no value and will not of course be incorporated in the contract for sale, but the building department clause should be included.
Ordinarily the purchaser under a contract for sale of real estate is accorded thirty days in which to complete his purchase - that is, to pay the balance of the purchase money and accept the deed of the property. A day is fixed for the purpose and this day is usually called the "closing of title," or "the law day." The day, hour and place should be precisely fixed. The form of the deed, whether warranty or otherwise, should be stated.6 The contract should also provide that the rents, interest on mortgages and fire insurance premiums, if any, are to be apportioned or otherwise provided for as may be agreed upon.
5 N. Y. Laws of 1910, Ch. 415.
While it is not often so, it is a fact that sometimes a purchaser suffers keen disappointment when he sees the condition of the property at the time he actually takes it over. When the contract was signed he saw many "improvements" on the property which have disappeared when he takes his deed. This is because the vendor has meanwhile removed certain "fixtures." Usually the purchaser has no redress.
Although not a strictly correct definition, "fixtures" in popular "real estate language" usually denote such movable articles as do not constitute part of the realty. Close questions sometimes arise as to whether certain forms of property are fixtures and therefore not passed with the sale of the real estate, or whether they are part of and pass with the real estate itself. The vendor, after he has made a contract to sell his real estate, may lawfully remove therefrom such property as shades, awnings, chandeliers, mirrors, and in some cases even gas ranges and similar articles not permanently affixed. On the other hand, enterprising vendors are sometimes disappointed on attempting to remove laundry tubs, bath tubs, wash basins, faucets, heating boilers and water pipes, to learn that these are parts of the realty and pass with the property. Even as to these articles, however, questions have arisen where the vendor had purchased them under what is known as "a conditional sale," i. e., a credit sale where the seller of the goods retains title until full payment has been made. The only safe plan, therefore, is to have a general and inclusive provision in the contract for sale, stating that carpets in halls, chandeliers, gas fixtures, shades, awnings and the like, "are included in this sale."
• We are not unmindful of the fact that there are cases which hold that a stipulation to give a warranty deed refers only to the form of the deed and not to the validity of the title. Such decisions not only are unreasonable, but have been rarely followed. The forms of contracts given In Chapter XXXIX (Contract Of Sale) infra contain the appropriate words to fully cover the situation.