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Interesting disputes occur when the wording in Real Estate Agreements of Purchase and Sale for properties are not clear and such wording is ambiguous.

Date: 07 Mar, 2014

This occurs when chattels and fixtures are either included or excluded. For example there have been legal cases where the wording that built in cupboards, bookcases or other such items were included but in fact were not attached to the premises, did not form the requisite definition of fixtures but were chattels, and if that is the case and the offer calls for all existing fixtures, and no specific inclusion or exclusion for these built in furniture shelving or other items, then the Seller has full right to remove. The realtors acting for both sides must be careful in stating on any listing or any Offer what is included or excluded. This includes such items as hot water tanks which are usually rentals and to be assumed by the Purchasers and such hot water tank providers who leases this piece of equipment are Enbridge or Reliant Home Services, and notification to such providers should be given by the Sellers and the Buyers should inquire whether such tank is a rental or in the rare case, if such tank is owned by the Seller. There are other instances of removal of vegetation, trees, and other landscaping that should be noted in the offer if included in the sale price. For any disputes, the Clients are urged to deal with their realtor and failing resolution, deal with the lawyer handling the file at our DS law firm.

By: Elliott Dale
Elliott-Dale