What Is a Chattel and What Is a Fixture in an Ontario Home Sale?

The short answer: A chattel is a movable piece of personal property that isn't permanently attached to a home, such as furniture or appliances, and it only stays if the Agreement of Purchase and Sale says so. A fixture is an item attached to the home or land, such as light fixtures, and generally stays with the property.

Picture this: a client is selling their home and has removed the workbenches from their garage to get ready for the move. When the buyers do their final walk-through before closing, they notice the workbenches they saw when they first bought the house are gone.

Who is right? The sellers who removed the benches, or the buyers who thought the benches were part of the house they haven't yet taken possession of? Let's start with the definitions of a chattel and a fixture in a real estate deal.

What is a chattel?

A chattel is a piece of personal property that isn't permanently affixed to the house. It's movable, and removing it won't damage the house or land.

If you're a buyer and you're interested in a chattel, it must be specifically laid out in the Agreement of Purchase and Sale. Examples of chattels include:

• Furniture
• Appliances
• A lawnmower
• Artwork

What is a fixture?

A fixture is an item within the house or on the land that needs to be removed with tools. If a fixture is removed, it will likely cause damage to the house or land. Because a fixture is legally part of the house, it generally stays with the property unless the Agreement of Purchase and Sale says otherwise. Examples of fixtures include:

• Light fixtures
• Built-in shelving
• A fireplace
• Mirrors that are fixed to the wall

What items fall into a grey area?

There are many items where it isn't abundantly clear whether they're chattels or fixtures. How firmly an item is attached, and whether it was meant to be permanent, both matter. Common examples include:

• Hot tubs
• Children's play structures
• A garden shed
• A television mounted to a wall
• Mirrors
• A gazebo

When an item could go either way, don't leave it to chance. Whether you're the buyer or the seller, communicate your intentions clearly in the Agreement of Purchase and Sale.

So what about the workbenches?

The buyers did not mention the workbenches in their Agreement of Purchase and Sale, and the workbenches were freestanding. The buyers asked the sellers to put them back, and the sellers refused.

In this situation, the sellers were legally within their rights to take the workbenches, because they weren't bolted or affixed to the garage. Had the buyers listed the workbenches in the agreement, the outcome would have been different.

What are some other common examples?

Selling your home and taking the gazebo? Name it on your listing. If the gazebo is bolted to the deck, it's considered a fixture and is legally part of the house for sale.

Buying a home and want the appliances to stay? Name them in your offer. Appliances are chattels, and although they're often mentioned in the Agreement of Purchase and Sale as staying with the house, the seller is entitled to keep them unless the buyer specifically asks for them.

How can buyers and sellers avoid chattel and fixture disputes?

1. Make a list. Buyers should write down everything they expect to stay. Sellers should write down anything they plan to take.
2. Put it in writing. Name the chattels you want included and the fixtures you want excluded in the Agreement of Purchase and Sale.
3. Be specific about grey-area items. Hot tubs, sheds, play structures, gazebos, and wall-mounted TVs should all be named.
4. Match your listing and your agreement. If you plan to take an item, say so up front.
5. Do your final walk-through. Confirm everything named in the agreement is still there.
6. Ask your real estate lawyer to review the wording before you sign.

Frequently asked questions

What is the difference between a chattel and a fixture?
A chattel is movable personal property that isn't permanently attached to the home. A fixture is attached to the home or land and would likely cause damage if removed.

Do appliances stay with the house when you sell?
Not automatically. Appliances are chattels, so the seller is entitled to keep them unless the buyer specifically asks for them in the Agreement of Purchase and Sale.

Are light fixtures and built-in shelving included in a home sale?
Generally, yes. They're fixtures and legally part of the house.

Is a hot tub a chattel or a fixture?
It depends. Hot tubs, sheds, play structures, and gazebos are grey items, so they should be named in the agreement.

Can a seller take items after the buyer has made an offer?
Sellers can take chattels that aren't included in the agreement. Fixtures are part of the house, so they should stay unless specifically excluded.

What should I do if I'm not sure whether an item is a chattel or a fixture?
Name it in writing in the Agreement of Purchase and Sale, and ask your real estate lawyer.

Contact

Brian McMurter is a real estate and estate planning lawyer at McMurter & Associates in Whitby, helping Durham Region, Ontario residents with estate planning and real estate law. 

Contact McMurter & Associates Monday to Friday, 9 a.m. to 5 p.m. at info@mcmurter.com or call 1 800 756 7138 or 905 666 9200 to schedule a consultation.

Disclaimer: This article provides general information about Ontario law and is not a substitute for legal advice. Please speak with a lawyer about your specific circumstances before making decisions about real estate law and estate planning.