Central Vacuum System: Chattel/Fixture

7 Benefits of Installing a Central Vacuum System – iWired

(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 a fixture. It stays with the property whether mentioned or not. The accessories and attachments to make it work are also fixtures. They are also included, whether mentioned or not.

There are numerous rules that are employed by the courts to determine whether items have become fixtures; and 1) a tool to remove it, 2) upside down house shaking, are not rules.

Best practice, naturally, is to include “and all accessories and attachments” because that will eliminate any confusion in the minds of the Seller or the Listing Agent. However, there really shouldn’t be any confusion in the first place, but in all fairness this topic wasn’t covered in the Courses. So, many people just make stuff up!

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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