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Chattels and Fixtures Included?

June 5, 2014

When helping a client to buy a home a common question that I hear when preparing an offer for the Buyer is "Do we need to ask in the offer for items that are already listed as included in the MLS listing?" And the answer is a firm "Yes absolutely".    The Agreement of Purchase and Sale should list all the items that the Buyers should want to remain with the house.   
It is common to assume that the "fixtures" (things that are attached or screwed in) will remain but to list them in the agreement also puts it forth the conversation during the negotiations with the seller what exactly is their understanding of what they intend to include.  By clarifying things you hopefully avoid later confusion over any items that the Seller might wish to take with them on closing.
As a buyer it is especially important to include in the Agreement of Purchase and sale any chattels that you wish to have included because if they are not listed in the offer they are deemed to be excluded.  Chattels are items that may be included but are not screwed down or attached to the home.  Here are a couple of good examples of the distinction between a chattel and a fixture: A ceiling light with a wall switch is a fixture because it is screwed to the ceiling, whereas a plug in lamp is a chattel.   A built in dishwasher is a fixture whereas the fridge which plugs in to the wall is actually a chattel.
If you are considering buying real estate in Keswick have a Professional Real Estate person prepare your offer.   I have been selling Keswick Real Estate for about 30 years so feel free to call me should you consider buying or selling your Keswick Home. I would be happy to help you with your plans. Contact me at (905)715-8600 or go to www.HomesByChevy.com for more information.


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