15 Rules for Chattels and Fixtures Is it a chattel or a fixture? For both real estate agents and lawyers, this is often a puzzling question. There are some basic …
Leaky Shower Discovered after Closing
(Ontario) Question: Following the closing, my Buyers discovered that the shower on the second floor was leaking. When they saw the property before they submitted an Offer, they liked the …
Warranties: Issues and Restrictions on Closing
There are several issues which arise when it comes to Warranties. What is the nature of the Warranty? Will the Warranty Survive Closing? What is the Remedy for Breach? How …
Thermostat: A Fixture or Chattel
Question: Is it okay for a seller to switch out the Nest Thermostat before closing if it isn’t mentioned in the Agreement of Purchase and Sale? Answer: The real issue …
Swimming Pool Clause for Fall and Winter
Consider the following: “The parties agree that the swimming pool shall be opened not later than xx April, 2022, by a profession pool maintenance company, selected by the Seller, at …
Seller’s Furnace Warranty Expiration
Question: How you all interpret “completion of transaction” in this clause: “The parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but …
Removal of Copper Electrical Wiring to Hot Tub
Question: The Buyers wanted the hot tub in the back yard, but the Seller excluded it. Ten days after completion, someone entered their yard and ripped the copper connecting cable, …
Furnace and Central Air: Chattels or Fixtures
Question: Should an owned furnace and central air conditioner into the deal? Do you list them as ‘chattels included’? Or do you just assume that if not listed as a …
Cottages, Timeshares and Some Boats are Matrimonial Homes in Ontario
Question: Can a cottage or a timeshare be designated as a matrimonial home? Answer: Yes, both a cottage and a timeshare can be matrimonial homes. There can be numerous. Also, …
Roll-in Dishwasher
For decades the built-in dishwasher has been considered to be a fixture and that makes good sense. However, around 2015, a new product came to the market, namely the roll-in …