What's the Difference Between
Fixtures and Chattels?

The difference between fixtures and chattels is open to interpretation.

Most times, it's obvious. But sometimes, it's not.

This is the advice I always offer a new seller client prior to listing their property for sale.

Fixtures

Unless items that are mechanically attached to their home (by screws, nails, wire or glue) are specifically excluded in writing on the listing contract, and again on any agreement of purchase and sale, they must remain with the house when they vacate. Also, anything that could be remotely perceived by a buyer as being physically part of the property, even if it's not mechanically attached, could also be expected to be included in the sale.

Things like thermostats, furnaces, central air conditioners, electrical panels, drapery tracks, installed broadloom, built-in cabinetry and shelving, attached swimming pool equipment, hot tubs, garden sheds, garage door openers, door bells, security and water filtration systems, built-in workbenches, awnings, satellite dishes, built-in entertainment and speaker systems, built-in kitchen appliances, toilets and sinks, wired-in electric light fixtures, central vacuum systems, attached mirrors, fireplace inserts and various other attached items are clearly classified as fixtures.

If a flat-screen television is wall mounted with a bracket, and wired into the system, it could also be considered a fixture. On the other hand, an above-ground hot tub that just rests on the sundeck, but looks installed, could be considered a chattel, and unless written in the contract as being included, could be removed by the seller before closing. Ditto for a canvas canopy if it's not bolted down.

Chattels

... on the other hand, would be items such as free-standing major appliances, unattached carpets, draperies and curtains, plugged in lamps and light fixtures, furniture pieces, mirrors and art hung by hooks, fireplace equipment, window air conditioner units, unattached pool equipment and any other items not physically attached to the property.

In most offers these days, an alert buyer agent will include a clause that provides a warranty by the seller to their buyer client with respect to any chattels and fixtures included in the sale. Since these items contribute to the over-all value of the property, a buyer ought to have the assurance that what they're paying for will be in good operating order on completion of the agreement of purchase and sale.

However, buyers should not delude themselves into thinking they'll have some kind of extended warranty. A warranty and representation by a seller is simply a promise that these fixtures and chattels will be working properly when the buyer closes the deal. But it's very important for the buyer to check for proper operation immediately upon gaining possession of the property. Leave it too long, and they may be out of luck. A judge will allow a reasonable amount of time after closing, and that's usually a day or so. If something is malfunctioning, the buyer should contact their REALTOR® right away. The seller may be held responsible for any repair or replacement deemed necessary in order to comply with the warranty clause contained in the contract.

Rental Contracts

When fixtures and chattels are rented, this must be noted on both the listing contract and the agreement of purchase and sale. A hot water tank, furnace, satellite receiver, air conditioning unit, security alarm system or water softener, for example, could be rented by the home owner. If this is the case, a seller does not have the legal right to sell it. Hence, any rental fixtures and chattels would not be included in the sale.

If they are transferable to a subsequent owner (they may not be), a clause must be included in the agreement of purchase and sale whereby the buyer agrees to assume the terms of the rental contract. If not, the buyer will believe they've bought the 'rented' fixtures and chattels. The seller could then be held responsible by the rental company for a penalty or the balance of a buy-out of any rented fixtures and chattels. Or the buyer could be drawn into a legal conflict between the rental company and the previous homeowner. Either way, it would be a messy, potentially expensive situation for all involved, including one, or both of the REALTORS®.

A buyer would be wise to ...

Take Photographs

... of any fixtures and chattels included in the sale. This can be done during a home inspection, during which the inspector would have the opportunity to record model and serial numbers of major appliances included in a contract.

If a seller deliberately attempts to deceive a buyer regarding fixtures and chattels, or their operating condition, and a buyer subsequently takes that seller to court, a seller could be ordered to, not only repair or replace the damaged goods, but also pay punitive damages to the buyer for attempting to deceive them.

A prudent buyer should perform a ...

Final Inspection

... to ensure everything contractually included in the agreement is still on the property.

Sellers should leave their home in compliance with the contract, and in the same condition as they would expect it to be if they were the buyer.

To avoid conflicts during sale negotiations, and particularly after the closing of the sale, the best policy when listing a property for sale is to have a serious conversation with an experienced REALTOR® regarding what you intend to remove upon vacating your home, and what you plan to leave behind.

Click fixtures and chattels to learn more, including other real estate terms.

Return to Home Page

Return to Buyer Questions