What is the difference between chattels and fixtures in an Ontario offer?

Fixtures are items permanently attached to the property that are presumed to be included in the sale unless specifically excluded — think built-in appliances, lighting fixtures, window coverings attached to the wall, and central air conditioning units. Chattels are moveable personal property, like a freestanding refrigerator or above-ground pool, that are presumed to leave with the seller unless specifically listed as included.

The Agreement of Purchase and Sale has fields to list included chattels and excluded fixtures. Disputes frequently arise when the parties have different assumptions about what was supposed to come with the house. A chandelier the buyer assumed was included, or a shed the seller intended to take, can become significant issues at closing.

The safest approach is to be explicit. Walk through the property before your offer is submitted and list every item you expect to stay with the house, even if it seems obvious. Your agent can help draft the inclusions list, and your real estate lawyer will review the APS to flag anything ambiguous before you are bound.