One of the most common areas of confusion (and disputes) in Ontario real estate transactions is the difference between chattels and fixtures. Understanding what belongs to the property—and what doesn’t—is critical for both buyers and sellers.

Chattels are items of personal property that are not attached to the land or home. They’re movable. Think appliances (like a fridge or stove), furniture, curtains, garden tools, or a portable air conditioner. 

By default, chattels are not included in a real estate transaction unless they are specifically listed in the Agreement of Purchase and Sale. So if the buyer wants the stainless-steel fridge or that backyard shed, it must be clearly written into the offer.

Fixtures, on the other hand, are items that are affixed to the property—meaning they’re attached in a permanent or semi-permanent way. Light fixtures, built-in shelves, mounted TVs (and often the brackets), bathroom mirrors, and even curtain rods are considered fixtures. 

Unless specifically excluded in the agreement, fixtures are presumed to be included in the sale.

Sellers have a duty to leave behind all fixtures unless they’re clearly excluded in the offer. 

Buyers must be specific about which chattels they want included. 

Disputes often arise when one party assumes something is included or excluded, but it’s not spelled out.

The golden rule? 

Clarity in the agreement. When in doubt, list it out.

A well-drafted offer avoids surprises on closing day—and protects both parties.

Whether you’re buying or selling, I always recommend going over the list of inclusions and exclusions with your lawyer or realtor. A 10-minute conversation can save weeks of stress.

Source; Gord Mohan