It is important to be well informed and to know exactly what is included or excluded in the purchase price. In this newsletter, you will find some key elements to be aware of in order to be vigilant on what is included or excluded in a final sale.
What is always included
The installations that are an integral part of the building, such as heating, electricity or lighting equipment, are automatically included in the sale. Consequently, there is no need to add them in the sales contract or promise to purchase. The only exception is when the seller explicitly excludes them from the sale.
Anything that is not permanently attached to the building may or may not be included in the transaction: an appliance, a cellar, a spa, picture frames, etc.
Do you want them? You must clearly identify the items you want to include or exclude in your transactional documents.
The broker must determine with the seller which items the latter wants to exclude or include in the sale of his property. This information must be indicated in the brokerage contract and in the description sheet.
As a buyer, it is very important that what you want to include and exclude be specifically provided for in the promise to purchase.
The broker’s duties
In accordance with his professional and ethical obligations stipulated in the Real Estate Brokerage Act and enforced by the OACIQ, with respect to inclusions and exclusions:
If you are a seller, your broker must list them in detail. In accordance with his verification obligations, the broker must ask the seller if the goods included in the sale are in working order and if they will be able to be used for normal purposes upon delivery of the property.
If you are a buyer, your broker must write the desired inclusions and exclusions in the promise to purchase.
If you have any other questions about inclusions or exclusions, do not hesitate to contact your real estate broker.