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Professional Standards Manual

Trading Services

2. Acting For Sellers

(t) Included/Excluded Items

[11/20/2012 The following section was amended with new information]

The standard Contract of Purchase and Sale provides for the insertion of included and excluded items. It is important to itemize any chattels and/or fixtures which are to be included or excluded from the contract to avoid misunderstanding. If any of these items are not in working order, the licensee should disclose this fact in writing.

Some licensees appear to be presuming that appliances or other chattels that are listed as inclusions in MLS® information are automatically included in the sale of a property and do not have to be itemized in a Contract of Purchase and Sale. This is not true. Licensees using the ‘standard’ BCREA Contract of Purchase and Sale are reminded that paragraph 18 states:

REPRESENTATIONS AND WARRANTIES: There are no representations, warranties, guarantees, promises or agreements other than those set out in this Contract and the representations contained in the Property Disclosure Statement if incorporated into and forming part of this Contract, all of which will survive the completion of the sale.

The listing of appliances or other chattels or excluded fixtures in the MLS® information is, like the listing price, a reflection of what the seller, at the time of listing the property, directs their agent to advertise as the terms under which the property may be sold. Those terms may change at the seller’s instigation or through negotiations with a buyer. Paragraph 7 of the ‘standard’ Contract of Purchase and Sale lists many items which are to be included and provides for the creation of a schedule of included items and a schedule of excluded items. To avoid misunderstanding, it is important for licensees to ensure this clause is carefully completed to accurately reflect the intention of the parties. If any of the items that are to be included are not in working order, the licensee should disclose this fact in writing.

It is a good idea for the licensee to do a walk-through with the buyer and the seller to confirm included and excluded items.

Among the many potential items that could be included in a real estate transaction are the following:

  • built-in vacuum canister and attachments
  • air-conditioners
  • humidifiers
  • air filters
  • water filters
  • hot tub and equipment and heater
  • pool equipment and heaters
  • thermal blankets
  • pool dome
  • fans
  • solar panels
  • window coverings
  • valances
  • loose carpeting
  • mirrors on hooks
  • under-cupboard appliances attached by screws
  • workbenches
  • built-in or loose shelving
  • closet organizers, built-in bars
  • laundry hoses for washer and dryer
  • unattached plumbing fixtures (usually in new homes, additions or basements ready for finishing)
  • satellite dish and decoder
  • gas fireplace key
  • garage door remote control
  • any other remote controls
  • alarm systems
  • fireplace inserts.