Question:
Is a built-in dishwasher included in the deal, if nothing is said?
Answer:
If it is built-in and therefore a fixture, and if the agreement was silent, it is included.
Just a quick note about dishwashers. Over the last few years, “roll-in” dishwashers look like they are “built-in” but they are not. They are still chattels, so they would need to be mentioned as chattels included.
For some reason “roll-in” fridges are commonly treated as chattels. The problem with dishwashers is that the “roll-in” variety are relatively new. Remember here, they plug into an electrical outlet, have clamps to restrict movement, and the hoses attach just like garden hoses. From just looking at them it’s impossible to tell the difference between the “roll-in” variety and the “built-in” variety.
The amount in dispute is just not worth litigation. Agents commonly buy dishwashers for clients (on both the sell side and the buy side).
It is better to mention them specifically in the case of uncertainty since:
Built-in fixtures
Roll-in uncertain/grey area
Stand-alone chattels
Brian Madigan LL.B., Broker