Chattel vs. Fixture: Resolving the Ongoing Debate

The classification of included chattels on a contract is a recurring topic of discussion among sellers, agents, and buyers. To provide clarity, consider the following guiding questions:

  1. If the house were inverted, would the item detach or remain fixed?
  2. Does the item require a skilled professional for its removal?
  3. Will the removal of the item result in wall damage?

If the answer to the first two questions is affirmative, the item would be classified as a fixture. Examples of fixtures include plumbed-in fridges, dishwashers, TV brackets, blinds, carpets, built-in stoves, rangehoods, and wardrobes.

Conversely, if an item can be successfully removed without professional assistance or causing wall damage, it is classified as a chattel.

When a property is advertised with a dishwasher, it is crucial to include it in the chattels section of the Contract.

In order to eliminate any ambiguity between the parties involved, we strongly recommend specifying all window furnishings, floor coverings, air-conditioning remotes, NBN boxes, pool equipment, and garage remotes as chattels and that the seller should leave these items behind when vacating a property.

Call us to discuss your concerns today!

Written by Cassandra Mitchell

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