Is a Free-Standing Dishwasher Included?

Free-Standing Dishwasher

Ontario Real Estate Source

By Brian Madigan LL.B.

The determination of whether or not something is included or excluded arising from a standard form agreement of purchase and sale depends upon:

1)     whether it is listed as included, if so, it will be included,

2)     whether it is listed as excluded, if so, it will be excluded,

3)     whether it is a chattel, in which case it will be deemed to be excluded (if not listed as included),

4)     whether it is a fixture, in which case it will be deemed to be included (if not listed as excluded).

So, the next question is to determine whether you have a fixture or chattel. Sometimes, items that are nailed, screwed, bolted, glued or otherwise affixed to the land or building are not truly “annexed” to the real property.

In other cases, some items which are not otherwise attached in any way, are considered to be fixtures.

Generally, a freestanding dishwasher will be considered to be a chattel and a built-in dishwasher will be considered a fixture.

Appliances that are part of a set may be considered to be fixtures even though they themselves are not actually attached in any way except for the electrical cord, where the balance of the set are truly fixtures. That means that the freestanding toaster and the free standing microwave might be fixtures, if the rest of the set ie. stove, oven, fridge, dishwasher and garburator are fixtures.

The law of attachment in such cases is based upon the intention of the party who brought the item upon the lands, and such intention is measured “objectively”.

So, is the freestanding dishwasher included or excluded:

1)     if it is listed as included, then it’s included,

2)     if it is listed as excluded, then it’s excluded,

3)     if it is not mentioned whatsoever, it is deemed to be a chattel (not attached) and therefore excluded,

4)     Unless, it is part of a set of fixtures, in which case, it too will be considered to a fixture and included.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com