Remax sarnia realty inc., Brokerage
1319 Exmouth St. Sarnia,
ON, N7S 3Y1

Ryan Gervais

Ryan is a full time Sales Representative with Re/max and look forward to being your guide to the Sarnia Real Estate market

Legal Minute – Including Chattels

no Comments In Real Estate Law

Most home buyers seem to buy based on concerns such as location, layout, how many updates will be necessary and of course price.  They are looking at the big picture, the forest not the trees.  Smaller issues or items might not even enter their mind until after they have decided that they have found the home of their dreams.  Sometimes there are things that should be included in the contract that will affect the end cost of having a move in ready home.

One such issue that comes up fairly often is the chattels that are included.  A chattel in legal terms is an article of movable property.  The items usually listed in the contract include window dressings, light fixtures and appliances.  Make sure that when you make the offer to the seller that you write in all items that you wish to have included.  Chattels should be clearly described so that there is no ambiguity.

I once received an Agreement of Purchase and Sale which stated that tools were to be included.  My client expressed that the seller had said that he was going to leave all of the tools they saw in the house.  As the date of closing approached the seller, who upon second thought was not happy with the price he had agreed to in the agreement, expressed to my client that he was only going to leave the broken tools.  Due to the fact that the contract was ambiguous as to the tools that were to be included they would have little recourse as long as the seller provided “tools” on the date of closing.

What often happens is the parties have conversations regarding what they would like, but the items are not written into the agreement.  As the old saying goes, a verbal contract isn’t worth the paper it’s written on.  Make sure that all chattels that you would like included with your purchase are included in your contract.

In Ontario the vast majority of real estate contracts are binding on both the buyer and seller before they ever reach a law office.  This is possible because the Ontario Real Estate Association provides excellent precedent contracts and regulates the education requirements and professional conduct of real estate agents within the province.  Once the contract is in place, unless all parties agree to amendments, you will be responsible to keep up your end of the bargain as described in the Agreement of Purchase and Sale.

It can be difficult for a home buyer to stop and think about the smaller details of the property purchase when they start to feel the excitement of finding the home they want to purchase.  A quality real estate agent will help you ensure that the agreement covers every aspect of the home purchase and make sure that the excitement of buying the home continues long after the closing date.

Warning: This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors in your own jurisdiction. It may not be current as the laws in the area of informed consent change frequently.

Ryan Gervais

Ryan Gervais is a full time multi-award winning agent who is here to help you through your real estate journey. Ryan's main passion is to protect his clients greatest investment by making sure you buy a great house for a fair price. Reach out today and see for yourself the difference a great agent can make.

(519) 381-4055

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