One issue that is often overlooked is the Assignment of Warranties. Consider a clause like the following: “The Seller represents and warrants that, to the best of the Seller’s …
Buyer’s Warranty Clause with Holdback
In a very strong Buyers’ Market, you might be able to achieve a Holdback, in addition to the Warranty. Consider something like this: “The Seller represents and warrants that all …
Buyer: Good Working Order Clause
This issue is always problematic. Here’s a clause which is favourable to a Buyer: “The Seller represents and warrants that all chattels and fixtures included in this Agreement of Purchase …
Include “EV Charger” in Agreement
Leung v. Pacific Quorum Properties Inc., 2026 BCCRT 1040 Overview In Leung v. Pacific Quorum Properties Inc., 2026 BCCRT 1040, the British Columbia Civil Resolution Tribunal dismissed a purchaser’s claim …
TV Mount: Chattel or Fixture?
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 …