Canadian Real Estate/Chattel

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Question
Hello:

My agent included in the contract that the "existing fridge, stove, built-in dishwasher, curtains, a/c etc. and all other permanent fixtures belonging to the Seller and deemed to be free of all liens and encumbrances" would be left behind.  My question regards the existing fridge which I still owe money on through one of those don't pay for two years type of deals.  I told the agent I did not want to include the fridge but she wrote it in anyway. As it has an encumbrance on it, am I allowed to take the fridge with me when I move without violating the contract?

Answer
It's a tricky situation because the fridge should have been excluded or planned to be paid off.   When I have done deals like that I have either excluded it and the seller takes it or we leave it and the seller pays it off.  Luckily it's only a fridge and not something bigger and more expensive.   In my opinion as you do not want to be sued or have any problems with what sounds like a fairly easy sale otherwise, I would either pay it off before you move or take it with you and replace the fridge with a similar one and hope no one complains.   The 'existing' fridge will be hard to prove unless there is a photo of it.  Personally, I would just pay it off and leave it and if your agent was told there was a lean on the fridge before the deal was signed, I would perhaps ask them to reimburse you.   I don't know how many times people mention stuff like that to me AFTER we get a deal on the table and it makes me crazy but we figure out a plan on the fly.

Contact the vendor of the fridge and ask if you can balloon a payment and pay it off.  

Best Regards

David  

Canadian Real Estate

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David Sussman

Expertise

Residential Real Estate Questions in Ontario such as financing possibilities, clauses, how to choose the right agent, buying/selling your home/condo and anything else that relates to real estate trading such as what my home is worth or tips and hints for how to protect yourself as a buyer or seller.

Experience

Residential Real Estate Agent in the City of Toronto for Royal LePage, Signature Realty.

Organizations
Toronto Real Estate Board Canadian Real Estate Association Royal LePage Signature Realty

Education/Credentials
Carleton University, B.A. and Business Management from U of T

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