Sellers and Buyers · Possession Day
Attached goods stay. Unattached goods go. In practice, appliances, fixtures, window coverings, and smart home devices create most of the disputes between buyers and sellers at possession.
What is the general rule for what stays when you sell your home in Canada?
Anything attached to the property stays unless specifically excluded in writing in the purchase agreement. Anything not attached leaves with the seller unless specifically included in writing. This rule applies across Canada. What counts as attached versus unattached is where most disputes arise. When in doubt, put it in writing before the offer is accepted, not after.
01 The Rule
The legal distinction between attached goods and unattached goods determines what a buyer receives at possession. Attached goods are items physically fixed to the property. They are part of the real estate. Unattached goods are personal property that belong to the seller and leave with them.
The purchase agreement is where both categories are documented. In Section 1 of an Alberta purchase contract, for example, sellers list any unattached goods they are including in the sale, and any attached goods they intend to remove. If an item is not addressed in the agreement, the default rule applies: attached stays, unattached goes.
Verbal agreements made during showings are not binding. If a buyer was told the hot tub is included, and it is not in the written contract, the seller is not legally obligated to leave it. Everything that matters must be in writing. See the section-by-section guide to reading a purchase agreement.
02 Appliances
Appliances are the most commonly disputed category at possession. The built-in versus freestanding distinction is the key. When in doubt, specify in the agreement.
Appliance
Stays or goes?
Built-in dishwasher
Stays. Built into the cabinetry and considered attached.
Freestanding fridge
Goes, unless included in writing. Sellers frequently include fridges voluntarily.
Built-in oven or range
Stays. Built into the countertop or cabinetry.
Freestanding washer and dryer
Goes, unless included in writing. Many sellers leave these. Specify either way.
Built-in microwave
Stays. Mounted over the range or built into cabinetry.
Countertop microwave
Goes. Freestanding personal property.
03 Light Fixtures
Light fixtures hardwired into the electrical system are attached goods and stay with the property. This includes ceiling lights, chandeliers, pot lights, wall sconces, and bathroom vanity lights. The fixture stays. The bulbs are personal property and can be removed, though most sellers leave them.
If you have a chandelier or designer fixture you want to take with you, list it as an excluded attached good in the purchase agreement before the offer is accepted. Do not remove it after signing without the buyer’s written agreement. Replace it with a fixture of comparable quality if you are excluding a valuable one.
Plug-in floor lamps and table lamps are unattached and go with the seller.
04 Window Coverings
Window coverings are one of the most frequently contested categories at possession. The hardware (rods, tracks, brackets) is attached and stays. What hangs from it depends on how it is mounted and what the agreement says.
Blinds and shutters: stay
Installed blinds, shutters, and roller shades are attached to the window frame or wall and are considered part of the property.
Curtains and drapes: typically go
The fabric panels that hang from the rod are generally considered unattached personal property and leave with the seller. The rod and brackets stay. If a buyer expects the curtains to remain, they should specify this in the purchase agreement.
The safe approach
If the curtains or drapes are custom-made or expensive, specify in the purchase agreement whether they stay or go. Do not assume the default rule is understood by both parties.
05 Smart Home Devices
Smart home devices are a growing source of ambiguity in real estate transactions because the same item can be either attached or unattached depending on how it is installed.
Device
Stays or goes?
Hardwired smart thermostat
Stays. Wired into the electrical system and attached to the wall.
Smart doorbell (hardwired)
Stays. Wired into the home’s electrical system.
Smart doorbell (battery/plug-in)
Ambiguous. Specify in the agreement. Many sellers take these.
Hardwired security system
Stays. Sensors and panel are attached. Monthly monitoring contract is a separate matter.
Smart speaker or hub
Goes. Plug-in personal property.
Garage door opener (wall unit)
Stays. Remotes and keypads stay with the property.
06 Landscaping and Outdoor Items
Plants rooted in the ground are attached to the property and stay. Trees, shrubs, perennial gardens, and sod all transfer with the real estate. If you have a mature tree or rose bush you want to take, it must be excluded in the purchase agreement before signing and you need to restore the area appropriately before possession.
Portable outdoor items are personal property and go with the seller unless included in the agreement.
Stays
Trees, shrubs, perennials, sod, built-in deck or patio, permanent pergola, in-ground pool, hot tub plumbed into the home, built-in outdoor kitchen components.
Goes (unless specified)
Patio furniture, portable BBQ, above-ground pool, freestanding hot tub, garden ornaments, potted plants, lawn equipment, storage sheds on skids.
07 When Things Go Wrong
If a seller removes an attached good that was not excluded in the purchase agreement, or an item that was specifically included in writing, the buyer has a legal claim. The most common scenarios are a seller removing a chandelier, taking the garage door remotes, or clearing the garage of a built-in storage system they installed.
When a dispute arises at possession, the buyer’s options include refusing to close, claiming damages, or seeking compensation for the cost of replacing the missing item. Most disputes are resolved through negotiation between the parties’ lawyers before closing, often with a holdback on closing funds until the issue is resolved.
How to avoid disputes as a seller
List every item you plan to exclude before the listing goes live. Address inclusions and exclusions explicitly in the purchase agreement before signing. Do not remove anything after the offer is accepted without written agreement from the buyer.
How to avoid disputes as a buyer
List every item you expect to remain in the property under included unattached goods in the purchase agreement. Do not rely on the seller’s verbal confirmation during a showing. If you saw it during the walkthrough and you want it to stay, put it in writing.
Inclusions and exclusions are addressed in Section 1 of the Alberta purchase contract. See the full section-by-section guide to reading a purchase agreement.
Bōde’s listing process walks you through inclusions and exclusions before your listing goes live.
Claim your free dashboard →Common Questions
Yes. A built-in dishwasher is attached to the cabinetry and plumbing and is considered an attached good. It stays with the property unless specifically excluded in writing in the purchase agreement.
Generally no. The curtain rods and hardware are attached and stay. The fabric panels are unattached personal property and typically go with the seller. If a buyer expects the curtains to remain, they should include them in the purchase agreement under included unattached goods.
Yes. Built-in appliances including dishwashers, ovens, ranges, cooktops, and over-the-range microwaves are attached goods and are included in the sale. Freestanding appliances such as the fridge, washer, and dryer are unattached and do not have to be included, though sellers frequently leave them. Always confirm in writing.
Yes. A TV wall mount bolted into the wall is an attached good and stays with the property. The television itself is unattached personal property and goes with the seller unless included in writing. If a seller plans to take the mount, they should exclude it in the purchase agreement and patch the wall appropriately.
The buyer has a legal claim for the missing item. Most disputes are resolved between lawyers before closing, often through a funds holdback until the item is replaced or the value is compensated. In serious cases, the buyer can refuse to close. The best protection for both parties is a purchase agreement that lists every inclusion and exclusion explicitly.
The purchase agreement is the document. In Alberta, Section 1 of the purchase contract covers included unattached goods and excluded attached goods. Both seller and buyer should review this section carefully before signing. Bōde’s offer process populates this section as part of the standard agreement. See the complete Alberta seller paperwork checklist.
This guide provides general information about attached and unattached goods in Canadian residential real estate. Rules and conventions can vary by province and individual transaction. Consult a licensed real estate lawyer before signing any purchase agreement.
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