When buying a home in Toronto, the excitement of finding the perfect property can sometimes overshadow the finer details of the transaction. One of the most commonly overlookedโbut critically importantโelements of an Agreement of Purchase and Sale (APS) is the list of chattels and fixtures that will be included in the purchase.
What Are Chattels and Fixtures?
โข Fixtures are items that are affixed to the property (like built-in appliances or light fixtures) and are generally assumed to be included unless otherwise stated.
โข Chattels are moveable items (like a refrigerator, washer, dryer, or window coverings) and are not automatically included unless explicitly listed in the APS.
Why Listing Exact Items Matters
In Torontoโs competitive real estate market, assumptions can lead to disappointment or even legal disputes. Sellers have been known to remove or replace appliances, light fixtures, or even garden sheds after closingโsometimes with cheaper alternatives.
By clearly listing all items to be included in the agreement, you:
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Avoid misunderstandings with the seller
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Protect your expectations and budget
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Create a legally binding obligation to include these items on closing
Examples of Items You Should List
When preparing your offer, consider listing:
โข Kitchen appliances (fridge, stove, dishwasher, microwave)
โข Laundry appliances (washer and dryer)
โข Window coverings and blinds
โข Light fixtures (especially decorative ones)
โข Wall-mounted TVs and brackets
โข Outdoor items (sheds, planters, play structures)
If itโs important to you, put it in writing. Even consider including the serial numbers!
Legal Tip from a Toronto Real Estate Lawyer
Even items that seem obviously includedโlike a mounted fireplace or custom blindsโcan be removed if not specifically mentioned. A well-drafted APS protects your interests and reduces surprises at closing.
At Capulli Law LLP, we regularly review and prepare agreements to ensure our clients are fully protected when buying or selling property in Ontario. Donโt leave it up to interpretationโclarity today avoids conflict tomorrow.
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Need help reviewing your Agreement of Purchase and Sale?
Contact us at Capulli Law LLP for professional real estate legal services in Toronto and the GTA.