leftover paint

Half Can of Paint ~ Chattel or Fixture?

So, here's a question: is the half can of paint a fixture or a chattel?

Bob bought a house and he and his wife Doris hated wallpaper. They removed the wallpaper from the entire house, and painted it throughout basically with pretty much the same colour paint.

They did the halls, living room, dining room, den and family room all in the same colour paint. Nine years passed by, and there are a few marks here and there on the walls.

They have already sold to the new owner. The young couple who bought have asked if they will leave the half can of paint which they saw in the basement.

Do Bob and Doris have the right to take it or are they obligated to leave it? After all, it's nine years old.

 
This post has been included in Ontario Real Estate News

2 Comments on Half Can of Paint ~ Chattel or Fixture?

NOV
20
2010
439,114 Points 2 Featured Posts Outside Blog Called Shot Master

Hi Brian~  They are not obliged to leave a can of paint, but surely they wouldn't blow the deal over it! Either way, nine year old paint is most likely not going to match up anyway!
9:11pm • #1
NOV
21
2010
548,445 Points 3 Featured Posts Outside Blog

Brian, I definitely wouldn't consider it a fixture, but those cans can be quite useful and I have often asked for them to be left on closing...
12:07pm • #2


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Brian Madigan LL.B.

Toronto, ON

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RE/MAX West Realty Inc., Brokerage (Toronto)

Address: Toronto, Mississauga, Oakville, Brampton, Caledon, Thornhill, Greater Toronto Area, http://www.iSourceRealEstate.com

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