Describe how, in the contract documents, you would deal with the carpets and curtains which are being sold for an additional £1,200 and explain why.

• A. Carpets and curtains are fittings, not fixtures; list as included, specify the price in TA10, insert the contents price at the front, and attach TA10 with a special condition 3(a).
• B. Carpets and curtains pass as fixtures by implication and require no separate clause.
• C. Exclude carpets and curtains from the contract entirely.
• D. Include carpets and curtains at no extra cost as goodwill.

Answer: (A)

Distinguishing fixtures from fittings and recording a price for items sold with the property is what’s being tested. Carpets and curtains are typically fittings rather than fixtures, unless they are permanently fixed to the structure in a way that makes them part of the building. Because there is an express agreement to sell them for an extra £1,200, you would deal with them by listing them on a TA10 contents schedule, with the price stated on the front of that schedule, and attaching the TA10 to the contract under Special Condition 3(a). This makes clear that these items are being sold as contents for an agreed additional sum and that they will be included on completion. It avoids implying they are part of the land by default and ensures the buyer pays the extra amount if they want them. Excluding them or implying inclusion without a price would create ambiguity or disputes, whereas listing them as contents with a defined price provides certainty for both parties.