What Happened to Caveat Emptor?

For centuries, real estate transactions have been sold under the caveat emptor doctrine, that is: “Let the Buyer Beware”. More recently, this was upheld by the Supreme Court of Canada …

Caveat Emptor Modified

While Buyers may seek to include a clause to ensure that caveat emptor doesn’t apply to the chattels and fixtures, in a signback, the Seller may attempt to reinstate the …

Rental Company’s Rights

When it comes to “fixtures”, a Rental Company’s rights are severely restricted. The Company brings along a hot water tank to the homeowner’s house. It is installed. The homeowner signs …

Hot Water Tanks are Fixtures

Hot water tanks are fixtures. It doesn’t matter if it’s a rental, it’s still a fixture. They go with the house (even if nothing is said). If you want to …

Furnace Liens in Ontario

Question: Would a XYZ furnace rental contract appear on the parcel register? Answer: The furnace on the truck on the driveway is a chattel. Once it’s taken downstairs and installed, …

Central Vacuum System: Chattel/Fixture

(Ontario) Question: If there is nothing in the agreement, is a central vacuum system included in the sale and what about the accessories? Answer: Ordinarily, the central vacuum system is …