Question: No reference was made to the TV mount in the Agreement of Purchase and Sale. The Seller is unsure whether to leave it or take it with them. They …
Hot Water Tanks, Fixtures, and the “Nail in the Shingle” Rule
There is persistent confusion in Ontario real estate about whether a hot water tank is a fixture or a chattel, particularly when it is described as “rented.” The confusion does …
Bidet: Chattel or a Fixture
The individual bidet is of course a “fixture”. It’s a stand alone item. It’s worth about $700. The bidet seat is an item which can be purchased later and used …
Solar Blanket: In or Out?
Question: I have an upcoming closing that is causing some issues. Upon visiting the home my clients retrieved a feature sheet that listed numerous upgrades and features of the home. …
Air Conditioner Winter Warranty
Question: Is there a successful clause/holdback arrangement regarding the Seller providing a warranty that the air conditioning unit will be in good working order in the summer? This is for …
Furnace Payout Clause
Question: Is there an airtight furnace/AC/HWT rental buyout clause? Answer: Best clause is no clause at all. Have a look at the standard form Agreement of Purchase and Sale. What …
Testing and Trying out the Washing Machine
Question: On a final walkthrough, can you run the appliances and test the mechanicals to see if they are in good working order? Answer: You are not allowed to touch …
Rental Assumption Issues
Question: The water softener, water purifier and hot water tank are all rentals at $123/month. Offer: The Agreement of Purchase and Sale has these items listed as rentals. They are …
EV Chargers: Chattels or Fixtures?
What about EV Chargers, are the fixtures or chattels? They can be expensive running from $1,500 to $5,000.00. So, it’s best to know how to handle this issue when it …
Picture Hooks and Repairing the Damage
Question: Property is purchased while staged, once de-staged during buyer visit, buyers realize that all artwork on the walls was hung with screws and plugs plus additional nail holes. Also, …