Real Estate
Chattels and Fixtures - What's Included and What's Not
Sometimes, life throws you a curve ball. Imagine yourself finally getting the keys to your new home. Excitedly, you’ve unlocked the door. However, as you’ve made your way through the various rooms, you have realized something’s not right. Those brand new stainless steel appliances you were so looking forward to were replaced by a 10 year old unmatched set. And that was just the start of the many changes made to the property. Unfortunately, we hear these horror-stories all the time when it comes to chattels and fixtures. So here in this article we’ll cover everything you need to know about chattels and fixtures and how you can protect yourself when purchasing a home.
What are chattels and Fixtures?
In the most basic terms, a chattel is a movable object that’s not physically attached to the property. This basically means things that you can pick up and move around. This includes fridges, gas stoves and curtains. Similarly, A fixture is an object that is physically attached to the property, such as medicine cabinets and light fixtures (which includes chandeliers).
So What's Actually Included And What's Not?
In most real estate transactions, chattels are NOT included in a sale, unless specifically provided for in the Agreement of Purchase & Sale. Similarly, fixtures are included to be part of the sale by default, unless specifically excluded in the Agreement of Purchase of Sale. Whether you’re purchasing a house or condominium apartment, you are legally entitled to receive ownership of the property in the same condition as it was when your offer was accepted. As such, if the gorgeous light fixtures and stainless steel appliances were included in the sale, then they should be stated in your Agreement of Purchase and Sale and they are there when you take possession of the property. Remember, the Seller doesn’t owe you a home in perfect condition but they do owe you the home as it was when you made an offer to purchase it.
What Can I do To Protect Myself As a Seller?
- Just take it down temporarily. If it’s not there in the first place, potential home buyers won’t have the chance to misunderstand to think that the chattel or fixture is included in the purchase for the property.
- Specifically Provide What’s Included and Excluded in the Listing . When putting up your property for sale, indicate that certain chattels and fixtures are included and excluded in the listing.
- Specifically Provide What’s Included and Excluded in the Agreement of Purchase and Sale. When going through the agreement for purchasing and sale, review what chattels and fixtures are included and excluded in the offer.
What Can I do To Protect Myself As a Buyer?
- Inspect and take notes. Meticulously inspect the house or condo before making an offer and snap some photos (just in case). Take special note of the chattels and fixtures you want – makes, models and condition of appliances, what the light fixtures look like, etc.
- Specifically Provide What’s Included and Excluded in the Agreement of Purchase and Sale. When making an offer, make sure to indicate all of the included and excluded chattels and fixtures in the offer. You can even describe them in detail in the offer- we’ve even gone as far as including the serial numbers on appliances.
- Have a Visit Condition in the Offer. As good practice, include a condition that allows you want to visit the house a few times before taking possession. Save one of your visits for the day before closing date and if you notice any significant changes (changes to fixtures, new flood damage in the basement, etc.) talk to your lawyer right away. That’s why it’s important to do a thorough inspection of the house and try out all the appliances. Most Agreements of Purchase & Sale only warrant that appliances are in working condition on the day of close. So if your washing machine breaks on Day 2, it’s your problem, not the Sellers. But if it isn’t working on the day you get possession (or before), it’s likely the responsibility of the Sellers and recommend you talk to your lawyer right away.
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