Question: With respect to Chattels and Fixtures, what simple rule should you follow when drafting an Agreement of Purchase and Sale: A. Rather than use your own judgment as to whether …
What About “AS IS” in the Listing
Question: A property was noted: “As Is” in listing, but no reference in the Agreement. There was no “inspection” done with a Home Inspector. Upon last visit, the AC is …
Who Repairs the Wall when Pictures are Removed?
In this situation we will assume an Agreement of Purchase and Sale which is silent on the point. The Seller had a “picture wall” in the front hall. It ran …
Furnace Rental: The standard Agreement
Question: An agent listed a condo with a rental furnace. Brokerage remarks state furnace is rental $90 month. Offer did not include the rental and both agents missed it, supposed …
Furnace is a Rental – Just Found Out Before Closing
Question: I am the Buyer’s agent. Three days before closing I just found out the furnace is a rental. What can be done? Answer: The furnace is a fixture in …
Bathroom Mirrors- Are they Included?
Interesting question! Actually, they do fall close to the gray area. The answer is: sometimes “yes” and sometimes “no”. First, we have to figure out whether or not they are …
The Expression “As Is” is without meaning in Ontario
Question: I am looking at a Listing that says the property “AS IS”. What exactly does that protect the seller from, if anything? Answer: The “as is” clause often added …
Rental Items Clause in the Agreement of Purchase and Sale
The issue of Rental Items has now become quite important in an Agreement of Purchase and Sale. This is the Rental Clause in the standard form OREA Agreement of Purchase …
Notice of Fulfillment and a Waiver
Do you perceive any particular difference in the meaning of these two documents? They are both used to firm up a deal. What about the central vacuum that didn’t work …
Is a Lease a Chattel or a Fixture?
Question: Is a Lease a Chattel or a Fixture? Answer: Quite clearly, for over 1,000 years a lease has been a chattel, but it doesn’t come easily to mind. You …