Furnace is a Rental – Just Found Out Before Closing

Question:

I am the Buyer’s agent. Three days before closing I just found out the furnace is a rental. What can be done?

Answer:

The furnace is a fixture in most cases. Fixtures go with the house.

The Furnace company would need to have a mortgage, lien or execution for it to have priority and be enforceable. Most of the time, they don’t.

That would leave them with a Construction Lien (45 days to register and 90 days to commence a lawsuit). If they don’t have that, they just have the right to sue the Seller wherever he may happen to be.

They don’t own the furnace, they don’t have any rights to the furnace, they can’t make the Buyer pay and they can’t take it out.

Brian Madigan LL.B. Broker

www.OntarioRealEstateSource.com

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