Chattels and fixtures동산과 부착물 (포함 품목)

What are they?

These words decide what comes with the home when it is sold. Chattels are items that are not attached to the home and can be carried away. Fixtures are attached to the home and have become part of it.

The difference matters because of the default rule. Fixtures go to the buyer with the home unless the agreement excludes them; chattels go with the seller unless the agreement includes them.

These are typical examples. Many items sit near the line (curtain rods, wall brackets and so on), so what matters is not arguing about the category but writing the item into the agreement.

The basic rule and the grey areas

In law, whether an item is a chattel or a fixture depends on how firmly and for what purpose it is attached: whether it is screwed or nailed to the home, whether removing it would damage the home, and whether it was attached to improve the home. This is a general principle built up by court cases, so the answer can differ from case to case.

That is why items the two sides may see differently, such as a chandelier, curtain rods, a TV bracket or a smart doorbell, should be clearly listed as included or excluded. It is the only safe approach. If a dispute arises, ask a lawyer.

How is it written in the agreement?

The OREA standard agreement (Form 100) commonly used in Ontario normally has three sections for this. Check the section names and exact wording in the contract you sign.

• Chattels included: movable items the seller agrees to leave. For example: fridge, stove, washer, dryer, window coverings. Some fixtures, such as light fixtures, are also commonly listed here just to be safe.
• Fixtures excluded: attached items the seller will take. For example: the dining room chandelier, the primary bedroom curtain rods, a particular tree in the garden.
• Rental items: equipment the seller does not own but rents. For example: the hot water tank, a water purifier, a security system. The agreement usually says the buyer takes over the rental contract.

RECO’s buyer checklist (RECO is the regulator of real estate agents in Ontario) says to make your offer as detailed as possible and outline what is included, such as appliances and light fixtures.

How to list items precisely

• Give the location and description, not just the type: "stainless LG fridge in the kitchen" rather than "fridge"; "one dining room ceiling light and one front hall light" rather than "lights".
• For appliances, note the make, model and colour so they cannot be swapped before closing. RECO advises buyer’s agents to take pictures and record the model and serial numbers of the appliances and other chattels and fixtures included under the agreement.
• List small but important things too: for example, two garage door remotes.
• Sellers should be accurate from the listing stage. RECO’s seller checklist says listing details must be accurate, including items that are and are not included, such as the water heater, appliances, light fixtures and window coverings.
• If something is being left "as is", say so.

Rental items: hot water tanks, furnaces, water purifiers

Many GTA homes rent their hot water tank from a rental company. Some also rent the furnace, air conditioner, water purifier or security system. The seller does not own these, so they cannot be "included"; the buyer usually takes over the rental contract and pays the monthly fee.

Before you write the offer, find out: which company and which equipment, the monthly fee, how long is left on the contract, and what it costs to cancel or buy out. These numbers may not be in the listing, so ask the seller for the paperwork and confirm with the rental company directly.

RECO gives the age, condition and ownership status (owned or rented) of major home systems, such as heating and air conditioning, as examples of what are often considered "material facts" (important facts).

The "good working order" wording and the pre-closing visit

The standard agreement usually contains a seller’s warranty that the included chattels will be in good working order on completion. Check the exact wording and scope in the contract you sign. With that wording, if the fridge is broken on closing day the buyer has a basis to hold the seller responsible.

This is why the pre-closing visit matters. RECO describes it as the buyer’s last chance to verify that the home is in the condition it was in when last seen, that the appliances and major systems work properly, that the seller did not remove fixtures or other items included in the agreement, and that agreed repairs were done. The number of visits is negotiated in the offer.

If you find a problem, tell your agent and lawyer right away. Lawyers sometimes arrange a holdback: part of the money is held on closing and released once the issue is resolved.

Common disputes

• The seller takes a chandelier or a special light and replaces it with a cheap one. If it was not listed as excluded, it is a fixture and should stay.
• An appliance is swapped for an older model than the one seen in the photos and at the showing. Recorded model numbers settle this quickly.
• Curtains are taken and only the rods are left, or the rods are removed too, leaving holes in the wall.
• A wall-mounted TV bracket, smart thermostat or doorbell camera is removed, leaving only the wiring.
• The buyer did not know the hot water tank was rented and receives a bill from the rental company after closing.
• An appliance "works" but is noisy or some functions fail. What "good working order" covers depends on the facts and the contract wording, so a lawyer’s view is needed.

Condos and pre-construction

In a condo, how a parking space or locker transfers depends on whether it is a separate unit or an exclusive-use common element. That is an ownership question, not a chattel question, and needs the status certificate and a lawyer’s review. Appliances and lights inside the unit are listed in the agreement as for any home.

In pre-construction, the appliances and finishes are set out in the builder’s agreement and its schedules, and the wording often allows the builder to substitute models and brands. Read that part with your lawyer before you sign.

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