by Grant Wakelin
You are filling out, or reviewing the sale and purchase agreement and you get to the section titled Chattels. What stays with the house and what goes? The stove - of course. The dishwasher? The alarm? The custom cushions matching the lounge curtains - what about those?
What to do?
First to explain the full picture - when you sell your home you are selling the land it sits on, the fixtures attached to the land (the most prominent fixture being the building itself), and normally some readily movable personal items (chattels) relevant to the operation of the household on the land. The distinction is important because the law regards fixtures as being part of the property being sold without needing separate specification in the agreement. Chattels however, are only part of the sale if they are written into the agreement. If not they stay with the seller.
So how do you know whether something is a chattel or a fixture?
Unfortunately this is a grey area and has been the fuel for many disputes. Without getting too far into the legal details the difference is essentially the degree of attachment. For example a garden shed bolted to a concrete floor is a fixture, but the same shed just sitting on the back lawn is a chattel.
Some chattels are regarded as critical to the operation of the house and so a base set of chattels is listed in the standard sale and purchase agreement:
- Stove - you need to be able to feed yourself!
- Fixed floor coverings - carpets, lino etc. This does not include mats, or even large carpets that are not fixed to the floor
- Blinds - venetians, roller blinds and so forth
- Curtains - net curtains, or window coverings that do not reach the floor
- Drapes - thermally backed full length window coverings
Other chattels often included are a dishwasher, waste disposal, a television aerial, a rangehood, burglar alarm, heated towel rails, garage door openers (and remotes!). Basically it can be anything right down to the matching cushions or even the Gnomes in the garden (why, oh why!). To avoid problems simply specify it. If an item is to be either included, or excluded, make sure it is recorded in the agreement. If in any doubt write it in.
Be careful with chattels you don’t own! The sale and purchase agreement includes a warranty from the vendor that the chattels included are free and unencumbered (that is, you own them outright and they are yours to sell). For example, do you actually own the Sky dish? The security alarm - if you have a monitored alarm check the contract - the system may actually be owned by the company and you pay a monthly fee for its use.
So, what to do?
You certainly don’t need to be an expert in the legal definition of property! Simply write what you want in the agreement. If the purchaser wants to ensure a particular item is included, write it in. If the seller wants something excluded - note that it is excluded.
And, if in doubt, write it in. It is the lack of detail rather than too much that will lead to trouble.
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