This is the third article in a series we are publishing on buying and selling real estate in Alberta.
Chattels are a fancy word for the things that aren’t part of the real property. In common law personal property is sometimes called a chattel. Common chattels included with the sale of a home are appliances, window coverings, and furnishings, less common are pieces of artwork, and other contents of the house.
If you remember part 1 – put everything in writing – you’ll know that sellers often include chattels in the sale of the home. However, if the chattels are not included in writing they are not included in the sale.
What if there are chattels in the home that you don’t want? What if you want something removed from the property before possession? Put that in writing too!
What is a chattel and what is part of the property? This is an area that often causes problems when a buyer takes possession and something has been removed from the home that shouldn’t have been. Strictly speaking, anything attached to the home, such as lighting and plumbing fixtures is part of the home and should stay with the home (note to sellers: if you’re really attached to a chandelier, or appliance or anything in your home, remove it before there are showings or a buyer is likely to become attached to it as well).
Less obvious items that are actually a part of the home are shelves, mirrors, racks – anything screwed into the walls or attached to the home. Paving stones, trees and landscaping, things that are securely attached to the property are part of the property. These items do not need to be separately written into the contract since they are already part of the home.
Believe it or not….
but once, a friend of mine told me that after the house got sold ….just before the possession date, the outgoing owner of the house pulled all the insulation from the walls.
(I suspect he did not get the price, he was asking for the house) or maybe he wanted to build one on his own and use the insulation again. he-he ha-ha
I have a contract to purchase right now where i did not write in the inclusion of appliances. I just left that section blank. I figured that I’d be remodeling the kitchen and thought I wouldn’t bother with trying to hold on to them (and worrying about selling them afterwards).
Turns out that the kitchen will stay for a few months while I settle in, but now I’m wondering which appliances will be there and which ones won’t.
I’m expecting that the built-in dishwasher and built-in microwave/hood vent will be there, but that the stove, fridge and washer/dryer probably won’t be.
Is it unheard of for a buyer to change their mind and ask for those appliances to be left behind? How would that work if they seller wanted more money, would it be a separate arrangement or through the same contract?
***Response. Since you are currently in a contractual agreement I won’t respond directly to the question for ethical and legal reasons, but it depends alot on how much good will exists between the parties but situations like that have many possibilities which could be negotiated into the main contract or become a side agreement. – Sheldon ****
I bought a house from a lady I actually worked with, and we used a Realtor to write up the documents, albeit a private sale. The purchase to offer was pretty specific about appliances, etc, except the satellite. Just before possession date the lady phoned me, cause she knew me, and asked told me that if I wanted to keep the satellite, then I would have to pay her $100. The stupid thing was she was moving out of the country, and I figured she wanted to make an extra $100. I said the heck with it, and paid the same amount for a newer model, and got the unit I wanted. So as Sheldon says put everything in writing, even the dish.
There is an interesting article in this months Macleans on the housing situation in N-America. It has kind of a positive side for Canada.
Given the sheer volume of Albertans I’ve been working with the last few months it’s good to see the process isn’t too different there than here.