Ontario Real Estate Licensing Exam Practice · Question
Sarah, a salesperson registered with ABC Realty Inc. in Toronto, is helping her client, David, find a detached home. David is particularly interested in a property where the seller has indicated they will leave the custom-built wall-mounted shelving in the living room. Under the standard OREA Agreement of Purchase and Sale, how should Sarah advise David to ensure the shelving is included in the purchase?
To ensure certainty and avoid disputes, any item whose status as a fixture or chattel is ambiguous, or explicitly desired by the buyer, should be clearly specif
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Question: Sarah, a salesperson registered with ABC Realty Inc. in Toronto, is helping her client, David, find a detached home. David is particularly interested in a property where the seller has indicated they will leave the custom-built wall-mounted shelving in the living room. Under the standard OREA Agreement of Purchase and Sale, how should Sarah advise David to ensure the shelving is included in the purchase?
Answer options: ✅ Include a specific clause in Schedule A of the Agreement of Purchase and Sale stating the shelving is to be included.
- Rely on the seller's verbal assurance that the shelving will remain.
- Assume that all wall-mounted items are considered fixtures and automatically included.
- Advise David that only built-in appliances are typically included in a real estate transaction.
Correct answer: Include a specific clause in Schedule A of the Agreement of Purchase and Sale stating the shelving is to be included.
Explanation: To ensure certainty and avoid disputes, any item whose status as a fixture or chattel is ambiguous, or explicitly desired by the buyer, should be clearly specified as an inclusion in Schedule A of the Agreement of Purchase and Sale, as per standard real estate practice and contract law.
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