Fixtures vs. Chattels in Ontario: The Clause That Starts More Fights Than Price
- Ricky Rathore
- 5 days ago
- 3 min read
Updated: 3 days ago
The purchase price gets negotiated once. The chattels list gets fought over twice - at the offer, and on walkthrough day.
I review agreements for a living. Price is almost never the problem. Clause 4 is.
The rule nobody writes down
Attached to the building, it's a fixture - it stays. Freestanding, it's a chattel - it goes with the seller. That's the common-law default, and it works right up until someone bolts a $3,000 TV to the wall.
The APS exists to override the default. Clause 4 lists the chattels coming with the house. Clause 5 lists the fixtures the seller is taking. Anything you don't write down gets decided by the default - or by two lawyers after closing.
Where deals actually blow up
The wall-mounted TV. The mount is a fixture. The TV on it is a chattel. If the offer says "all wall-mounted items," you just bought a lawsuit. Name both, or name neither.
The swapped light fixture. Seller's grandmother's chandelier leaves quietly before closing and a builder-grade dome shows up. If it wasn't excluded in Clause 5, that's a breach - and an ugly closing week.
Smart-home gear. Video doorbells, thermostats, cameras. Screwed in, wired in, but full of the seller's accounts. List them, and deal with the logins.
"Appliances as viewed." No brands, no models, no serials. The stainless fridge from the showing becomes a white one from the garage. Write make and model. Every time.
The hot water tank. It looks like a fixture. It's usually a rental company's property. That's Clause 6 territory - the buyer assumes the contract or the seller buys it out. Miss it and the closing statement finds it for you.
Paper it like a lawyer
List every included chattel with make and model. "All existing appliances" is an argument, not a clause.
Exclude fixtures by name. If the seller wants the chandelier, it goes in Clause 5 - or it gets swapped before the listing photos, not after the offer.
Know that chattel warranties die at closing. The standard "in good working order" promise applies on completion day and merges on closing unless your clause says it survives. If your buyer wants a warranty that outlives the deal, write one.
Hunt for rental contracts: hot water tank, furnace, AC, water softener, alarm. Assume, buy out, or negotiate - but decide in the agreement, not on the phone in the last week.
What a Broker of Record catches
When we prepare files for our agents, we ensure that we table the chattels for the agent's review so there's always a second set of eyes on the agreement.
Quick answers
Are appliances automatically included in an Ontario home sale?
No. Appliances are chattels - they only come with the house if the APS lists them. List them with make and model.
Is a wall-mounted TV a fixture or a chattel?
The mount is a fixture and stays. The TV is a chattel and goes. Name both in the agreement so nobody guesses.
Who owns the hot water tank?
Often a rental company, not the seller. Rental items belong in their own clause - the buyer assumes the contract or the seller pays it out.
Do chattel warranties survive closing?
No. The standard warranty applies on completion and merges on closing. If you want it to survive, the clause has to say so.
Related reading
Ricky Rathore, ABR, SRS, FRI
Founding Partner and Lawyer
Broker of Record and Owner - RE/MAX Metropolis Realty, Brokerage
A note from the lawyer: this is general information, not legal advice, and reading it doesn't make me your lawyer. Rules change and every situation differs - confirm current requirements with RECO and get advice on your own facts before you act.
Comments