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Summary: In an Ontario home sale, fixtures (items attached to the property) are included by default, while chattels (movable personal property) are not. The agreement of purchase and sale decides which is which, and most disputes trace back to vague wording rather than the law itself.
What is the difference between a chattel and a fixture?
A fixture is an item attached to the home in a way that makes it part of the real estate, so it stays with the property. A chattel is movable personal property the seller can take, unless the contract says it stays. The label flips the default.
Fixture | Chattel | |
What it is | Attached to and part of the property | Movable personal property |
Default rule | Stays with the home unless excluded | Goes with the seller unless included |
Typical examples | Built-in cabinets, light fixtures, furnace, garage door opener | Fridge, stove, curtains, area rugs, mounted TV |
Because the default rule is opposite for each category, whether an item is a fixture or a chattel decides who keeps it when the contract is silent. That is why the classification, not the item's value, is what triggers most closing-day arguments.
How do you tell a fixture from a chattel?
Ontario courts look at two things: how an item is attached and why. The test comes from the long-standing case Stack v. T. Eaton Co. and is still applied by Ontario courts today, turning on the degree and the purpose of attachment rather than the item itself.
Degree of attachment. Is the item fastened to the building, and would removing it cause damage? The more permanent the connection, the more likely it is a fixture. An item resting on the floor or plugged into an outlet leans chattel.
Purpose of attachment. Was it affixed to improve the property for the long term, or only so the item could be used? Something installed to enhance the home tends to be a fixture; something attached just to make it work stays a chattel.
When it is genuinely unclear, attachment usually wins. Bolted, wired, plumbed, or built-in items are treated as fixtures; freestanding items are treated as chattels.
The test is fact-specific, so reasonable people disagree. That uncertainty is exactly why you should not rely on it and should name the items in the contract instead.
Which items cause the most disputes?
The fights are almost always over grey-area items that could reasonably go either way. Naming them in the agreement is the only reliable fix.
Light fixtures and chandeliers. A hard-wired chandelier is usually a fixture, but sellers often want to keep a sentimental one, so it needs to be excluded in writing.
Appliances. A built-in dishwasher or wall oven reads as a fixture; a plug-in fridge or stove is a chattel that must be listed to be included.
Window coverings. Curtains are typically chattels, while the rods, tracks, and California shutters attached to the wall are usually fixtures.
Mounted electronics. The wall bracket for a television is generally a fixture; the television itself is a chattel.
Smart-home and add-on devices. Thermostats, security cameras, video doorbells, and EV chargers are common recent flashpoints because they are attached but easy to remove.
How does the agreement of purchase and sale settle it?
The agreement of purchase and sale (APS) is where this is decided. A well-drafted APS lists the chattels included in the price and the fixtures excluded from it, so neither side falls back on the default rules or the attachment test.
Be specific. List appliances by make and model where you can, spell out which window coverings stay, and name any fixture the seller intends to remove so the buyer is not surprised. Vague phrases like "all appliances" invite the argument you are trying to avoid. For more on how this contract works, see our explainer on what an agreement of purchase and sale is.
What can you do if something that should have stayed is missing?
If a promised item is gone during the final walkthrough, you have options, and they are far easier to use when the APS was specific. Raise it before closing, not after, so your lawyer can act while funds are still in hand.
Tell your real estate lawyer as soon as you notice. Where an included item is missing or an excluded fixture was left damaged, the lawyer can negotiate a holdback or price abatement from the closing funds to cover the shortfall, rather than leaving you to chase the seller afterward. A clear list in the contract turns a "he said, she said" dispute into a straightforward adjustment.
Frequently asked questions
Are appliances included when you buy a house in Ontario?
Not automatically. Freestanding appliances like a fridge or stove are chattels, so they stay only if the agreement of purchase and sale lists them as included. Built-in appliances such as a dishwasher or wall oven are usually fixtures and stay by default, but naming them still avoids confusion.
Do light fixtures stay when you sell a home?
Usually, yes. A hard-wired light fixture is generally a fixture and stays with the property. If a seller wants to keep a specific chandelier or sconce, it has to be excluded in writing in the agreement, ideally with a plan to replace it with a basic fixture.
What happens if the seller takes something that was supposed to stay?
Tell your lawyer before closing. If the item was listed as included, your lawyer can seek a holdback or a reduction from the closing funds to cover its value or replacement, which is far easier than pursuing the seller after the deal has closed.
Are curtains chattels or fixtures?
Curtains and drapes are typically chattels and go with the seller, while the rods, tracks, blinds, and shutters attached to the wall are usually fixtures that stay. Because buyers and sellers often assume the opposite, it is worth spelling out in the contract.
Can I add items to the deal after the offer is accepted?
Yes, but only by agreement. Once the offer is firm, adding or removing chattels and fixtures requires a signed amendment that both sides accept. It is much simpler to get the list right in the original agreement of purchase and sale.
About the author
Joel Fox is a co-founder and COO at Ownright. He helps run the firm's day-to-day work on Ontario residential closings, refinances, and sales, and writes regularly to demystify the parts of a transaction that most homeowners only encounter once or twice in their lives.
At Ownright, we focus entirely on Ontario residential real estate law, helping buyers and sellers close through a digital platform backed by licensed Ontario lawyers. We review your agreement of purchase and sale before you sign, flag vague chattel and fixture wording, and handle any closing-day shortfall so you get what you paid for. You can start your closing online or get in touch with any questions.
Legal references: Stack v. T. Eaton Co. (1902), 4 O.L.R. 335 (Div. Ct.) — the leading Ontario authority on the degree-and-purpose-of-attachment test for fixtures.
Important note: This article is not legal advice. No one should act, or refrain from acting, based solely on the information in this post or any linked materials without first seeking appropriate legal or professional advice.
