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 …
The Hot Tub Sitting on Top of Patio Stones: A Fixture or a Chattel?
We just looked at two types of hot tubs: One embedded in a wooden patio deck, Another portable, inflatable hot tub that could be easily moved. In the first case, …
Inflatable Hot Tub – Does it Stay?
Have a look at this hot tub. It’s inflatable and can be moved easily. Just let the air out, pack it up and take it to the cottage for the …
The Hot Tub: A Fixture or a Chattel?
An interesting issue arose recently as to whether a hot tub should be included or excluded from a real estate transaction. In the case at hand, a hot tub which …
Fixtures Clause in the Agreement of Purchase and Sale
The “Fixtures” clause in the standard form OREA Agreement of Purchase and Sale (2016 version) reads as follows: 5. FIXTURES EXCLUDED:……………………………………………………………………………………… Fixtures are part of the real estate. They don’t …
Chattels Clause in the Agreement
One of the clauses that often gives rise to issues in the Agreement of Purchase and Sale, is the Chattels clause. Set out below is the standard form OREA chattels …