Fixtures are items permanently attached to the property (light fixtures, built-in shelves, furnaces) that are included in the sale by default. Chattels are movable items (appliances, window coverings, garage door openers) that are not included unless specifically listed in the Agreement of Purchase and Sale. The line between the two isn't always obvious.
Why It Matters
Disputes over what stays and what goes are more common than you'd think. That gorgeous chandelier in the dining room? The seller might plan to take it. If you want something included, get it written into the offer. Assumptions are the enemy of a smooth closing.
Real-World Example
You fall in love with a home in High Park that has a stunning designer light fixture in the entryway, built-in bookshelves in the living room, and a high-end refrigerator. The built-in bookshelves are fixtures and included automatically. The refrigerator is a chattel and must be listed in your offer if you want it to stay. The designer light fixture is technically a fixture, but the seller plans to replace it before closing -- so you need to specify that it stays in your APS.
Ontario & GTA Context
In Ontario, the standard OREA offer form includes a section where chattels to be included and fixtures to be excluded are listed. Ontario courts have generally held that items affixed to the property with screws, nails, or plumbing are fixtures. However, grey areas exist -- wall-mounted TVs, pot lights, and custom window treatments have all been subjects of dispute.
How It Works in Practice
During your showing, make note of every item you expect to stay with the home. Your agent will list included chattels and excluded fixtures explicitly in the APS. When in doubt, include it in writing. Common chattels to request include the fridge, stove, washer, dryer, window coverings, and garage door opener.
Common Questions
Is a dishwasher a chattel or a fixture?▾
What if the seller removes something that was supposed to stay?▾
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