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.
