Chattels, Fixtures and the Listing

Question:

One of my listings sold recently, and the buyer’s agent put nothing in the inclusions. The listing indicates the appliances are included – but there is no mention of them in the offer. What needs to stay?

Answer:

These types of issues always seem to cause concern. The difficulty, in part, is that there is no coverage of the issue in the OREA material. That’s problematic. There are basically 15 Rules that need to be followed. The answers are usually quite evident when the rules are applied, but they’re just not taught.

The Listing itself is a opportunity to acquire the appliances.

The appliances which stay are the ones that are fixtures.

The appliances which go, are the ones which are chattels.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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