Question:
I have an upcoming closing that is causing some issues. Upon visiting the home my clients retrieved a feature sheet that listed numerous upgrades and features of the home.
One of these was a solar blanket and reel (clearly a chattel) and because it was listed as a feature of the home my clients are claiming it should remain on closing. The issue is difficult in that I never saw this feature sheet and I wasn’t aware that there even was a solar blanket and reel.
It was only when it was included with a number of items that the seller tried to sell to my clients that we realized it wasn’t included. So, does a chattel that is described as a feature of the home make it into a fixture?
Answer:
Let’s go through your questions on a line by line basis:
“Upon visiting the home my clients retrieved a feature sheet that listed numerous upgrades and features of the home.”
The feature sheet is not part of the Agreement of Purchase and Sale unless it were attached.
All documents, whatever they may be are excluded by the “Entire Agreement” clause in the APS.
If it’s not specifically referenced, then it’s not part of the agreement.
“One of these was a solar blanket and reel (clearly a chattel) and because it was listed as a feature of the home my clients are claiming it should remain on closing.”
If the solar blanket is not referenced then it’s not suddenly “in” because of the feature sheet.
“The issue is difficult in that I never saw this feature sheet and I wasn’t aware that there even was a solar blanket and reel.”
Yes, likely without seeing this feature sheet, particularly if the purchase was made during the winter months, you would never have been aware of these two items.
“It was only when it was included with a number of items that the seller tried to sell to my clients that we realized it wasn’t included.”
Yes, I appreciate that it looks like you passed on the acquisition of these items. Does this mean that the Seller will want to take them to their new property? Probably not, the chances of a reasonably close fit would be rare. So, confirm with them that they can be left behind. They are not likely to get these items sold to someone else. The total brand new value is about $500.00. Second hand, who knows! But, not likely very much.
“So, does a chattel that is described as a feature of the home make it into a fixture?”
A chattel is a chattel and a fixture is a fixture, it doesn’t matter what you say.
However, what did you say in the agreement relating to the swimming pool? Did you add: “…..including all equipment…”? Would you have said something about the fact that “….. the swimming pool and equipment would be in good working order…”?
If either of those statements were made, that would open the door to interpretation as to what “equipment” was included or referred to, and it doesn’t matter whether they be chattels or fixtures.
Brian Madigan LL.B., Broker