Whether you are buying or selling a home, it's important to know what the difference bewtween a 'fixture' and a 'chattel' before an offer is accepted. 

What Are Fixtures?

Fixtures are those items in a home that are permanently attached to a house. There can be many types of fixtures but the most common are:

 -cabinets that are attached to the walls,  built in appliances such as as a built-in wall oven, the furnace and air conditioner, and light fixtures. They are considered part of the real estate property and should be left in place for the new home owner, unless they are expressly excluded in writing on the offer.

Confusion often arises when it comes to decorative fixtures such as shelving, mirrors that are permantly affixed, and closet organizers (there are many other examples) These items often create disagreements between home buyers and sellers.

 What are Chattels?

A chattel is something that is easily removed from the house, (for example furniture, curtains or a portable dishwasher. Chattels are only included in the sale if they are listed and agreed to in writing on the agreement of purchase sale.

If you are a Buyer, make a list of items you want to stay. Keep in mind that in most cases personal items and furniture and not to be included in a purchase offer. Generally only those items that contribute to a home's functionality (such as a washer and dryer), are  included. Walk through the home with your Realtor and make a complete list of the items that you want to be be part of the purchase price. Be sure to note decorative items.

If you are the Seller, make sure you have a clear and concise list prepared of the items you want to include in the sale of the home, and those you do not. Provide this to your Realtor when you first list the home to avoid problems during offer negotiations.  

Many things you want to remain might be considered personal property (chattels) such as a stove or washing machine. If you want them make sure you include  or exclude them in the offer.

Your list might also include: 

• garden sheds and bird baths
• Window treatments, drapery rods and blinds
• Garage door openers and remotes
• Light fixtures and ceiling fans
• Shelves, mirrors etc
• appliances

 Don't forget that sometimes the chattels that are included may be subject to HST, so talk to your lawyer, or feel free to email or call me if you have any questions.

 Christie Stefan, Sales Representative, Sutton Group Heritage Realty Inc Brokerage