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 …
Affixed and Attached Chattels
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 …
Swimming Pool Liability
A Court imposed liability upon a swimming pool installer for improper advice. A mother who was the owner of an above ground pool acquired a slide from a private individual. …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …