What Chattels Are Included in a House Sale in New Zealand

The question of what stays and what goes when a Canterbury property changes hands causes more post-sale disputes and pre-settlement complications than almost any other issue. Getting the chattels schedule right in your sale and purchase agreement protects you and your buyer.

Fixtures vs Chattels - The Key Distinction

A fixture is something permanently attached to the property and considered part of the real estate. Fixtures are included in the sale automatically as part of the property. Examples include: built-in cabinetry, wired-in appliances (dishwashers that are plumbed in and hard-wired), permanently attached heating systems, garden sheds bolted to concrete, structural items. A chattel is a movable item of personal property that is not fixed to the property and can be removed without causing damage. Chattels are only included in the sale if they are specifically listed in the sale and purchase agreement.

Standard Chattels in a Canterbury Sale

The standard REINZ-ADLS Agreement for Sale and Purchase typically includes a list of standard chattels: stove, rangehood, dishwasher (if present), carpets, curtains and blinds, letterbox, TV aerial or dish (if present), garage door opener and remotes, heat pump and remote, and fixed floor coverings. However, just because an item appears on the standard list does not mean it is automatically included - it must be in working order and present at the time of the agreement.

Working Order Warranties

Under the REINZ-ADLS agreement, chattels with operational functions (stoves, dishwashers, heat pumps, security systems, garage door openers) must be delivered at settlement in reasonable working order. If a heat pump is not functioning, it should be listed explicitly as as-is where-is in the chattels schedule. Failing to disclose a faulty item and having the buyer discover it at the pre-settlement inspection creates a warranty breach that typically results in a price reduction claim before settlement. This is easily avoided by being upfront about the condition of all chattels at the time of listing.

Common Disputes to Avoid

The most common chattel disputes in Canterbury involve: heat pump remotes that have been lost; curtain tracks removed with the curtains; television brackets attached to walls; garage door openers; security system components; and garden items like pots and outdoor furniture that vendors assumed they could take. The safest rule is: if there is any doubt about whether a buyer might expect an item to stay, list it explicitly and confirm whether it is included or excluded. Clear drafting at the outset is far cheaper than a pre-settlement dispute.

Information from Rainey Collins Lawyers, Terrace End Law, Settled.govt.nz, and the New Zealand Law Society. For general information only - always obtain independent legal advice before signing a sale and purchase agreement.