Introduction
When selling a property, many homeowners wonder whether they can take certain attached items, such as TV wall mounts, security cameras, and light fixtures, with them. Understanding real estate laws regarding fixtures and chattels is crucial to avoid disputes during the transaction process.
Understanding Fixtures vs. Chattels
What Are Fixtures?
Fixtures are items that are permanently attached to the property. If removing an item would cause damage to the walls or structure, it is legally considered a fixture. Examples include:
- TV wall mounts
- Built-in appliances
- Security cameras
- Light fixtures
- Shelving units attached with screws
What Are Chattels?
Chattels are movable items that are not affixed to the property. These typically include:
- Freestanding appliances (refrigerators, ovens, washers, and dryers)
- Furniture
- Area rugs
- Decorative items
Real Estate Laws: What Can You Take?
According to real estate regulations, if removing an item causes damage to the property, it is legally deemed a fixture and must remain unless explicitly excluded in the agreement. Sellers must clarify which items they intend to take to prevent legal issues.
Listing Fixtures in the Agreement
To avoid misunderstandings, sellers should:
- Review all attached items before listing the property.
- Decide which items they want to keep or leave behind.
- Clearly state exclusions in the listing description and purchase agreement.
- Discuss and confirm these terms with the buyer.
Commonly Disputed Items in Home Sales
Some items often lead to disputes between buyers and sellers, such as:
- Wall-mounted televisions (the TV itself is a chattel, but the mount is a fixture)
- Smart home devices (thermostats, security systems, doorbell cameras)
- Outdoor structures (gazebos, sheds, swing sets)
- Custom window treatments (blinds, curtains, and rods)
To avoid conflicts, sellers should remove any fixtures they plan to take before listing the home.
Avoiding Disputes with Proper Documentation
A well-documented purchase agreement should specify:
- Which fixtures will remain with the property
- Which items the seller will remove
- Whether the seller will repair any damage caused by removal
Proper communication and documentation help prevent last-minute surprises for both parties.
Final Tips for Home Sellers
- Do not assume that an item is automatically a chattel just because it is movable.
- Clarify everything in writing to protect yourself from legal complications.
- Communicate with your real estate agent to ensure a smooth transaction.
About Leo Shiu – Your Top Toronto Listing Agent
Leo Shiu is one of Toronto’s top listing agents, known for his exceptional negotiation skills and strategic marketing expertise. Fluent in nine languages, he effectively connects with diverse clients, ensuring seamless transactions. Whether you’re buying or selling, Leo’s in-depth knowledge of the real estate market guarantees the best outcomes for his clients.
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