Chattels are Sold “as is” without a Warranty Clause

Question:

The buyer’s agent did not include a chattels and fixtures warranty clause.

If something broke between now and closing, like an appliance or air conditioner, for example, does the Seller have to fix it or can they leave it “as is” because there was no warranty in the agreement?

Answer:

You don’t necessarily require a good working order provision, the standard Form Agreement of Purchase and Sale already says:

“All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller.”

So, if it worked at the time of the agreement, it still has to work. If it was broken, it can stay that way. The problem, of course, is “proof”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com