Plan ahead for a straightforward moving day
When either buying or selling it’s important you know the difference between chattels and fixtures.Ensuring
you’re clear about what is a fixture versus a chattel, and of the
latter which are staying or going, will help your property transactions
The simple definitions are as follows:
are passed to the buyer regardless of whether or not they are specified
in the agreement for sale and purchase of real estate, but chattels on
the other hand will only be part of the deal if they are noted in the
agreement, otherwise they will go with the seller.
- - A fixture is something that is fixed to the property and forms part of the property.
- - A chattel is something that is movable and does not form part of the property.
To avoid what
could be a costly and long battle, sellers and buyers should ensure they
are clear about the fixtures and chattels as early as possible in the
process, particularly given the potential for arguments around ‘grey
areas’ likes telephones and light shades.
Sellers would be wise
to ensure that when listing their property with a Sales Consultant they
record the fixtures and chattels before their home goes on the market.
Further, sellers should specify the chattels they want to take and which
are included in the sale. Later they should check only the latter are
included in the relevant section of any subsequent agreement for sale
Buyers meanwhile need to ensure when inspecting a
property that they find out from the Sales Consultant what are listed as
fixtures and what the status of the chattels is. It is risky to
assume, plus if a buyer really wants a particular chattel to stay the
vendor may be negotiable. The final step for a buyer is to check the
chattels that in their understanding are staying are indeed listed on
any subsequent agreement.