Exclusions

Understand exclusions in Canadian real estate—how they affect what’s removed during a sale and how to ensure clarity in purchase agreements.

Exclusions



What are Exclusions?

Exclusions refer to items that are normally assumed to be part of a property sale but that the seller intends to remove before closing.

Why Do Exclusions Matter in Real Estate?

In Canadian real estate, exclusions must be listed in the Agreement of Purchase and Sale to clarify which fixtures or attached items the seller will not include in the sale.


Examples of exclusions include:
  • Chandeliers or custom lighting
  • Wall-mounted TVs or brackets
  • Built-in sound systems or mirrors



Since fixtures are generally included by default, sellers should clearly list exclusions to avoid legal disputes. Buyers should review this section closely to ensure their expectations are met.



Understanding exclusions helps prevent misunderstandings about what is or is not staying with the home after closing.

Example of Exclusions in Action

The seller excluded the dining room chandelier in the offer. This prevented conflict when it was removed before possession.

Key Takeaways

  • Items being removed despite being fixtures.
  • Must be clearly written into the offer.
  • Helps avoid post-sale surprises.
  • Includes lighting, brackets, and custom items.
  • Common source of buyer-seller disputes.

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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