Chattels and Fixtures Disputes in Ontario Real Estate Closings

You did your final walkthrough — or you're moving in on closing day — and the stainless steel fridge, the dining room light fixture, or the built-in shelving that was supposed to come with the house is gone. Now what?

A chattels and fixtures dispute is one of the more common friction points in an Ontario real estate closing, and it catches buyers off guard because it feels like it should be simple. The seller agreed to include certain items — why would they take them? In practice, the line between what stays and what goes is governed by contract language and a body of common-law principles, and disputes usually come down to what the Agreement of Purchase and Sale (APS) actually says, not what either side assumed.

This article explains the legal distinction between chattels and fixtures, how the APS addresses them, and the practical steps a buyer can take when something included in the deal doesn't show up.

Chattels vs. Fixtures: Why the Difference Matters

Ontario real estate law draws a distinction between two categories of property:

This default rule is exactly why the standard Ontario APS asks the parties to list both "chattels included" and "fixtures excluded" — the drafters expect chattels to normally leave with the seller and fixtures to normally stay, and the listed exceptions override the default in both directions.

What the Agreement of Purchase and Sale Actually Says

Every dispute in this area starts and ends with the same document: the signed APS. What matters is not what the listing photos showed, what the realtor said verbally, or what seemed reasonable — it's the specific wording in the "chattels included" and "fixtures excluded" sections (and any schedules attached to the offer).

Ambiguous or generic descriptions ("all appliances," "light fixtures") are a frequent source of disagreement, because they can be read to include or exclude items neither side was specifically thinking about at the time. Precise, itemized language — brand, type, or location — reduces the risk of a dispute considerably, which is one reason a lawyer's review of the APS wording before you sign matters as much as the price and closing date.

When an Included Item Goes Missing Before Closing

If you discover during your walkthrough (or after taking possession) that an item the APS says should be included is missing, damaged, or has been swapped for something inferior, a workable path usually looks like this:

1. Document it immediately. Photograph the empty space, damaged item, or substitution, and note the date and time.
2. Compare it against the APS wording. Confirm exactly what the agreement said was included — not what you remember seeing during a showing.
3. Contact your lawyer before closing, if there's still time. A same-day or pre-closing discovery gives your lawyer the most leverage to address it before funds change hands.
4. Don't confront the seller directly. Let your lawyer communicate with the seller's lawyer — this keeps the issue on the record and avoids statements that could complicate a later claim.

Your Options If the Seller Won't Cooperate

When an issue is identified close to or on closing day, real estate lawyers typically work through a short list of options, roughly in order of how disruptive they are to the closing itself:

• A negotiated holdback. The seller's lawyer holds back an agreed sum from the sale proceeds until the missing or damaged item is replaced, repaired, or credited — this is the most common resolution because it lets the closing proceed on schedule.
• A price adjustment or credit. The parties agree to reduce the amount owed at closing to reflect the missing item's value.
• A claim for damages after closing. If the seller won't agree to a holdback or credit, the buyer can still close and pursue a claim for breach of contract afterward — Ontario courts do enforce chattels and fixtures terms as part of the binding APS.
• Delaying or refusing to close. This is the highest-risk option and is rarely advisable over a single missing item; it can expose the buyer to their own breach-of-contract risk if the underlying deal otherwise remains sound. Speak with your lawyer before considering it.

There is no general cooling-off period for a resale purchase in Ontario — once the APS is signed and accepted, it's binding on both sides, which is part of why prevention matters more than most buyers expect.

Preventing Disputes: A Buyer's Checklist

• [ ] Review the "chattels included" and "fixtures excluded" clauses line by line before signing, not just the price and dates
• [ ] Ask for brand/model or location detail on any high-value or ambiguous item
• [ ] Photograph included items during your pre-offer showing
• [ ] Schedule a walkthrough close enough to closing day to catch last-minute changes
• [ ] Flag any discrepancy to your lawyer the same day you spot it

Frequently asked questions