What Items Must I Leave in the House When I Sell It in Ontario?

What you leave in the house depends on your agreement of purchase and sale, so it is worth confirming the wording with a lawyer. In general, a fixture is something attached to the home, such as a built-in light or a fixed shelf, while a chattel is something moveable, such as a freestanding appliance or a lamp. Whether an item falls on one side or the other is not always obvious.

Because of that, rely on writing rather than assumption. List every appliance, light fitting, curtain rod, mounted television and similar item as included or excluded. A vague clause invites an argument at closing. Buyer beware is the default rule, and where the contract leaves a risk with the buyer, a court will not shift it to the seller, but sellers can be liable for hiding defects. A clear clause protects both sides.

Rented or leased equipment, such as a water heater, is different: whether it can stay depends on your contract with the supplier, so confirm it with your lawyer. You may also prepare an optional property information statement; if you do, your agent must tell every interested buyer it exists and give a copy to any buyer who asks. Buyers are advised to get their own inspection.