I want to sell my home. 

What is included in the sale and what do I take away?

Selling your home usually means deciding what you will take with you and what you will leave behind; and in a buyer's market, it may mean some things you want to take with you, you may decide to leave behind, as an incentive.


Chattels and Fixtures


Chattels are usually movable; they are removable and they can be personal property.
Examples of chattels:  Drapes (but maybe not the hardware screwed into the wall), microwave ovens, washer and dryer, fridge, stove ...

Chattels can be included in the sale of the home... (and buyers will almost always ask for each and every one of them).

The buyer may ask for the fridge, stove, etc., but you don't have to leave it behind, if you're really attached to your appliances.  They can ask, but you must agree. 
It has to be requested in writing, on the offer, and both parties must agree to what is being requested.

 

Fixtures are a little trickier....
In general, a fixture is permanently attached to the property.  It's a part of the house. 
Examples of chattels:  Carpeting, kitchen cabinets, light fixtures, built-in dishwashers ...

Fixtures are considered to be part of the purchase price UNLESS you state otherwise, in the agreement of purchase and sale.

 

If you must take your dining room chandelier with you,
then make sure you mention this
in the "fixtures to be excluded" part of the agreement.

 

Don't assume everyone knows you are going to replace your expensive chandelier with a ‘cheap' one.  Even if you've mentioned it in the listing, put it in writing in the agreement of purchase and sale. 
Better yet, remove the chandelier before you put your home on the market, and replace it with the one you want to leave behind. 

Make a list of everything you want to take with you. 

Go into each room of your home, and add to that list.  

Make another list of everything you want to include/leave behind. 

Once you have those lists, and you finalize them, the information can be provided to everyone,
and there will be no room for misunderstanding. 

Double check the agreement of purchase and sale against this list. 

Cross out anything that is not on your list, unless you've changed your mind about leave it behind.

Regardless of what you discuss with your REALTOR, and what your REALTOR passes on to the other side; and regardless of what is verbally mentioned ... regardless of what you and the buyer SAY to each other, ensure that what you WANT to do, is written into the agreement of purchase and sale.

If it's important to you, put it in writing. 
Insist on it.
In the end, you will be glad you did.

 

 

 

 

 

Toronto Real Estate by Sylvie Conde, Broker
Sutton Group-Associates Realty Inc., Brokerage     416-966-0300
sconde@sutton.com
www.sylvieconde.com
www.torontorealestatelife.com


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2 Comments on I WANT TO SELL MY HOME. WHAT DO I LEAVE BEHIND & WHAT DO I TAKE?

MAY
28
2009
804,827 Points 1 Featured Post Outside Blog Attended Rain Camp Called Shot Master

Hi Sylvie - It is always a very idea to identify the model and serial number of appliances to be included in the purchase as well as a warranty that the appliances are in good working order.  In Ontario, there have been court cases where the sales and purchase agreement only indicated that the refrigerator or stove were to be included.  However, when the purchaser moved in, the purchaser discovered that the seller had removed the original expensive appliances and replaced them with old non-working inexpensive appliances.

In many cases, it is a good idea to include a photograph of the fixture that is to be included in the agreement.
5:26am • #1
205,223 Points 1 Featured Post

Hi Marc,
Different REALTORS do it different ways, and any way that works for them, is fine, as long as it looks after their clients.

If Sellers agree to let us take additional photos, we will take a photo of the item and of the serial number.  If the Seller does not agree to let us take additional photos, then depending on what exactly it is the Buyer wants included, we will write down the serial numbers, make, model, etc.  These will be added to the APS.

Sometimes we will write into the agreement what we WANT THEM TO REMOVE from the property.

If I'm acting for the sellers, I suggest they find all the warranties for all the appliances they are leaving behind, if they are fairly new, and we put those in a kitchen drawer, so it's available for the Buyer to look at, even during a showing, if they wish. 

There are many ways to look after our clients.  We just have to remember that whatever it is that our clients want, it must be in writing, on the Agreement of Purchase and Sale.

The problems will come, most likely, if whatever it is, isn't detailed, in writing.

 
9:49am • #2


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Sylvie Conde, Broker | Toronto Real Estate

Toronto, ON

More about me…

Sutton Group-Associates Realty Inc., Brokerage

Address: www.sylvieconde.com, Brokerage Independently Owned & Operated, Toronto, ON, M5R 1K6

Office Phone: (416) 966-0300

Cell Phone: (416) 564-7431

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