Canadian Real Estate/Chattel
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?
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.