Avoid Discipline Charges Free air-conditioners all at the realtor’s expense. And, you might wonder why? It’s very simple. The agent said central air was included. Only one little problem, the …
Pool Defective: Leaks after Closing
Question: A Buyer rejects a home inspection when the Seller’s agent confirms in an email to the Buyer’s agent that the pre-existing pool was replaced in 2018 and there are …
Tree Removal in Mississauga
The City of Mississauga has updated its by-laws concerning trees on private property and their removal. From the City website: “Tree Protection By-laws review The City of Mississauga updated the …
Unassumed Rental Contract
Question: If a purchaser agrees to assume the hot water tank in the Agreement of Purchase and Sale, however no contract was provided or shared from the Seller, what is …
Dishwasher: A Little on the Loud Side
Question: The house has been sold firm and there is no inspection condition. On the final walk thru the buyers start the dishwasher and now saying “it’s making a loud …
Buyer Discovers Appliances are Missing on Closing
Washer and Dryer Missing on Closing Question: I acted for a Buyer client. It closed today. Buyer gets keys and washer/dryer are missing. I put the following in included Chattels …
Legal Issues Related to Improvements
There are indeed some very significant issues related to the determination of whether a chattel has become so affixed to the realty that it is no longer a chattel but …
Leased Heating Equipment: Chattel or Fixture?
The Ontario Court of Appeal quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to …
Basic Common Law Rules For Chattels and Fixtures
The basic common law rules utilized to determine if an item is a fixture were set out in the Ontario case, Stack v. Eaton (1902) 4 OLR 335 (O.C.A.) as follows: “(1) …
Unaffixed and Unattached Fixtures
Remember the basic rules for fixtures and chattels: 1) if the item is not attached, it is presumed to be a chattel, 2) if the item is attached, it is …