Fixtures vs Chattels in Ontario
What 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.
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.
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 |
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.”
- 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
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.
Step 3: Rental Equipment — A Hidden Trap
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.
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.
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
Frequently Asked Questions
Want to make sure your APS lists everything?
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