In Ontario real estate, fixtures are items permanently attached to a property and they are automatically included in the sale unless the seller specifically excludes them. Chattels are movable personal property and are not included unless the buyer lists them in the Agreement of Purchase and Sale. That is the whole rule. The fixture stays by default, and a chattel only comes with the deal if the offer says so. Nearly every post-closing dispute over a missing appliance traces back to someone assuming instead of writing it down.
Where the line actually sits
A built-in dishwasher, a ceiling light wired into the electrical system, or cabinetry fastened to a wall would typically be considered fixtures. A freestanding refrigerator, a microwave sitting on a countertop, or a portable washer plugged into a standard outlet would generally be classified as chattels.
Notice what drives those examples. It is not how valuable the item is, or how naturally it seems to belong to the house. It is attachment. Something connected to the structure in more than a trivial way has crossed over into being part of the property itself. Something you can unplug and carry out the door has not.
How the standard Ontario agreement handles it
The standard OREA Agreement of Purchase and Sale used across Ontario has two dedicated sections that deal with this directly. One is labelled Chattels Included. The other is labelled Fixtures Excluded. Read those headings again, because their structure reflects the default legal position. The form never asks which fixtures are included, since fixtures are already in. It only asks which ones the seller is pulling out. Chattels work the other way around, so the form asks the buyer to name what comes along.
The seller also warrants in the standard OREA form that all included chattels and fixtures will be conveyed free from liens and encumbrances. That clause is why accurate disclosure of rental items matters so much. A rented hot water tank is not the seller's to convey, and pretending otherwise creates a problem that surfaces at closing or shortly after it.
The hundred-year-old test courts still use
When a dispute does reach a courtroom, Ontario courts apply a framework dating back to the 1902 case Stack v. Eaton. Two primary factors guide the determination: the degree to which the item is attached to the property, and the purpose of that attachment.
An item resting on its own weight or simply plugged in is generally presumed to be a chattel, while something affixed even slightly to the structure is presumed to be a fixture. These are rebuttable presumptions though, and context matters. A heavy custom bookshelf built into a wall recess could be deemed a fixture even without a single screw, because its purpose is clearly to enhance the property rather than to serve as standalone furniture. Purpose can outweigh hardware.
The modern grey zone
The classic dispute used to be the dining room chandelier. Now it is the wall-mounted television. The mount is bolted into studs, which makes it a fixture. The television hanging on it lifts off in thirty seconds, which makes it a chattel. Sellers regularly take both, buyers regularly expected both to stay, and the agreement said nothing about either.
Smart home gear has made this murkier. Video doorbells, smart thermostats, and security cameras are wired in or screwed down, which points toward fixture, but they are tied to the seller's accounts and subscriptions, which makes everyone treat them as personal. Curtain rods are fixtures while the curtains hanging on them are chattels. An electric vehicle charger bolted to the garage wall is almost certainly a fixture, and it also happens to be exactly the kind of expensive item a seller quietly plans to take. None of these need to become problems. They become problems when the offer is silent.
How to protect yourself in the offer
For buyers, the practical takeaway is straightforward. If something in the property matters to you, name it explicitly in the Agreement of Purchase and Sale, and include the make, model, and serial number where possible. A line that says stainless steel fridge invites the seller to swap in an older one. A line with the serial number does not.
For sellers, anything you intend to take that could reasonably be considered attached to the property should be listed as a fixture exclusion. Vague descriptions invite disputes after closing, and those disputes are expensive relative to the items involved.
When buying a condo in Toronto the stakes can be surprisingly high, because units are often sold with appliances that may or may not be included by default, and replacing a full appliance package is real money. Review this section of the offer carefully, alongside the status certificate, so nothing surprises you on closing day. At Advantage Group Real Estate the chattels and fixtures section gets the serial-number treatment on every offer for exactly this reason.
Most of this comes down to one habit: write down what you mean. Jeremy Van Caulart leads Advantage Group Real Estate under Royal LePage Signature Realty in Toronto, and after years of offers the pattern is consistent. The deals that close clean are the ones where nobody had to guess what stays.
Frequently asked questions
Does the TV wall mount stay with the house?
Usually yes. A mount bolted into the wall is a fixture and stays unless the seller excludes it, while the television itself is a chattel and goes with the seller. If you want the TV, list it in the agreement, and if the seller wants the mount, it belongs in the fixture exclusions.
Is a rented hot water tank a chattel or a fixture?
It is neither in the usual sense, because it belongs to the rental company rather than the seller. The seller cannot convey it free of encumbrances, so the rental contract must be disclosed in the agreement. The buyer typically agrees to assume the rental, and the monthly cost should be spelled out before anyone signs.
What can I do if the seller takes something that should have stayed?
Raise it with your lawyer immediately, ideally after a pre-closing visit and before funds change hands, when a holdback can still be negotiated. After closing, your remedy is usually a claim for the value of the item, often through Small Claims Court. Prevention in the agreement costs nothing and the cure rarely feels worth it.
Related reading: What Is a Standard Unit By-Law and Why Does It Matter in an Ontario Condo?, What Is an Agreement of Purchase and Sale in Ontario Real Estate?, and Do You Need a Home Inspection When Buying a Condo in Toronto?.
