Chattels vs Fixtures
What stays at the property for the buyer? What is the seller taking with them? To avoid any confusion, chattels and fixtures need to be clearly defined and agreed upon.
Chattels
Essentially anything not directly attached to the property.
"A chattel is a moveable possession and personal property that can be removed without injury to the property. Chattels are normally deemed to be excluded from the purchase price unless they are specifically noted in the agreement of purchase and sale (APS)" - OREA
Typically in an agreement of purchase and sale, under chattels, there will list all of the kitchen appliances, washer and dryer, and window coverings. If there are any other items in the property, the buyer wants to be included in the sale price, they would include them here under chattels.
Fixtures
Just like how it sounds, fixtures are anything affixed to the property. So anything where you would need tools and hardware to remove, typically counts as a fixture. Sometimes you need to check items in a property - sometimes there can be bookshelves or bedframes that you think are not attached and leaving with the seller, while in fact, they are secured and will be there when you move in.
Grey Areas
As clear as these two definitions may seem, there are still times when it's not so clear. A good example is a mounted TV on the wall. It's secured to the property and needs tools to remove - but maybe the TV can be easily detached from the mount. Even if you can't easily remove the TV, there may be an assumption the TV is either staying or going. What about curtains? The rods or maybe just the bracket is attached, but what about the actual curtains?
Our Advice
When negotiating a deal, it's always important to never assume anything. Always clearly state which chattels are included and which fixtures are excluded in the sale price - the more specific, the better.
Another good idea when you're on the buying side is to book a buyer's visit just before closing to make sure everything that's supposed to be there is still there. Just in case there are any issues, you can deal with it before the rest of the funds are transferred.
I hope this clears up the difference between what a chattel and what a fixture is. If you have any questions, please reach out and let me know - I'm always happy to help.
