Fixtures vs Chattels in OntarioWhat Stays, What Goes, What Must Be Listed
Arthur Zhao · AZ Real Estate Partners
KEY TAKEAWAY
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AZ Real Estate Partners
Buying Guide · Contract Details
AZ
AZ Real Estate Partners
Buying Guide · Contract Details
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Fixtures vs Chattels in OntarioWhat Stays, What Goes, What Must Be Listed
Closing day arrives and the fridge is gone, the light fixtures are missing, and the garage door opener is nowhere to be found. These disputes are entirely avoidable — if your APS is written correctly. Here’s everything you need to know.
🏠 Fixture Rules
📋 Common Disputed Items
💰 Chattel Purchase Clauses
⚠️ Rental Equipment Traps
What exactly are fixtures and chattels in an Ontario home purchase?
Under Ontario’s standard OREA Agreement of Purchase and Sale: Fixtures are items permanently attached to the property and transfer with the home unless specifically excluded. Chattels are movable personal items that do not transfer unless specifically included. According to Siskinds Law Firm, hundreds of Ontario real estate disputes each year stem from unclear inclusions and exclusions lists. A $150,000 kitchen appliance package left off the APS can legally walk out the door with the seller on closing day — leaving the buyer with no recourse.
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Step 1: Quick Reference — Fixture or Chattel?
Item
Classification
Watch For
Central A/C
Fixture ✅ Stays
Confirm if owned or rented
Hot Water Tank
⚠️ Verify Ownership
Rental contracts must be listed — buyer inherits
Built-in Dishwasher
Fixture ✅ Stays
Portable/countertop units are chattels
Freestanding Fridge
Chattel ❌ Must List
Include make, model, serial number
Curtain Rods
Fixture ✅ Stays
The curtains themselves may not stay
Light Fixtures (wired)
⚠️ Verify
Wired fixtures stay; table lamps do not
Built-in Shelving/Cabinetry
Fixture ✅ Stays
Wall-mounted storage systems
EV Charger
⚠️ Verify
Hardwired = fixture; plug-in = chattel
Pool Equipment
Fixture ✅ Stays
Pump, heater, filter stay with pool
Washer & Dryer
Chattel ❌ Must List
List make, model, serial number
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Step 2: Writing a Chattel Purchase Clause
When a buyer wants to purchase items that don’t automatically come with the home, a chattel purchase clause can be added to Schedule A of the APS:
Sample Chattel Purchase Clause:
“The Buyer agrees to purchase the following chattels for the sum of $8,000 (Eight Thousand Dollars) included in the Purchase Price: (1) Samsung 4-door refrigerator Model RF23BB8600, Serial No. XXXXX; (2) LG front-load washer Model WM4000HWA, Serial No. XXXXX; (3) LG dryer Model DLEX4000W, Serial No. XXXXX. All items to be in working condition at time of completion.”
✅ Why Chattel Purchase Clauses Matter
Clearly establishes what transfers — eliminates closing day surprises
Provides a remedy if items are removed, replaced with inferior models, or damaged
Makes the sale price allocation clear for both parties
⚠️ HST Implications
Resale homes are generally exempt from HST, but a separate chattel purchase may be subject to HST (13% in Ontario). Always have your lawyer and accountant review how the chattel purchase is structured to ensure proper tax treatment.
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Step 3: Rental Equipment — A Hidden Trap
⚠️ Hot Water Tank Rentals (Most Common)
Thousands of Ontario homes have hot water tanks rented from Enercare, Reliance, or Union Gas at $30–60/month. When you purchase the home, you automatically inherit this rental contract. The APS must clearly identify all rental items. You can negotiate with the seller to buy out the contract at closing (buyout cost varies), or you’ll continue paying monthly fees.
⚠️ HVAC Rental Agreements
Some furnaces and central A/C units are also rented with contracts lasting 10–15 years. Early termination fees can be significant. Always confirm ownership status for every major system in the home before signing the APS, and demand copies of all rental agreements from the seller.
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Step 4: Best Practices for Your Inclusions List
5 Rules for a Bulletproof Inclusions List:
Include make, model, and serial number for all major appliances
State all items must be “in good working order” at time of completion
Explicitly list exclusions — any fixture the seller wants to take must be listed
List rental items separately with monthly cost and contract term
Photograph all included items during the showing — compare on closing day
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Frequently Asked Questions
What’s the difference between a fixture and a chattel?
Fixtures are permanently attached to the home and transfer automatically. Chattels are movable items that only transfer if explicitly listed in the APS inclusions section with make, model, and serial number.
Does the fridge stay when I buy a house in Ontario?
Only if it’s listed in the APS inclusions. A freestanding fridge is a chattel and doesn’t stay by default. Built-in refrigerators are fixtures. Always specify in writing with model and serial number.
What is a rental hot water tank and must I take it?
Many Ontario homes have rented hot water tanks at $30–60/month. You inherit the rental contract on purchase unless the seller buys it out. The APS must disclose all rental equipment. You can negotiate a buyout at closing.
Do window coverings stay with the home?
Curtain rods and hardware are fixtures and typically stay. Curtains vary — custom installed coverings usually stay, standard curtains may not. Specify in the APS to avoid closing day surprises.
Want to make sure your APS lists everything?
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Arthur Zhao Reviews Every Inclusion and Exclusion
Broker · FRI · ABR · SRS · MCNE · E-PRO · GUILD Elite Bay Street Group Inc.
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作者简介About the author
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite
VP & Branch Manager, Bay Street Group Inc.
为大多伦多地区客户服务的双语经纪。专注于为首购、投资者和跨境家庭提供有结构的策略。先看透，再落笔。Bilingual broker serving the Greater Toronto Area. Specialty: structured strategy for first-time buyers, investors, and cross-border families. Knowledge before commitment.
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