The Property

1.1(a) Municipal Address & Legal Description

What REALTORS® Must Do

• Ensure the municipal address is complete and accurate

• Ensure the legal description is written exactly as it appears on title

• Include all qualifying language (e.g., “upper half,” “portion of,” plan details)
  
  

Why It Matters

The legal description determines what land is being conveyed, not the municipal address. Any discrepancy between the contract and title can create registration issues or uncertainty about what is included in the sale.

Key Reminder

Always confirm the legal description directly from title. Never rely on memory, MLS summaries, or prior listings.

1.1(b) Unattached Goods (Chattels)

What REALTORS® Must Do

• Clearly list all unattached goods included in the sale

• Common examples include:

  • appliances

  • free-standing furniture

  • window air conditioners

• If the seller intends to remove an item, it must not appear in this section
  
  

Why It Matters

If an unattached item is not listed, it is not included. Vague or assumed inclusions frequently lead to disputes at possession.

Best Practice

If there is any doubt about whether an item is included, list it.

1.1(c) Attached Goods – Except For

What REALTORS® Must Do

• Identify any attached goods the seller intends to remove, such as:

  • light fixtures

  • mounted TVs

  • built-in shelving

  • hot tubs

• Confirm buyer awareness and agreement
  
  

Why It Matters

Attached goods are presumed included unless specifically excluded. Failure to properly exclude items can result in claims of breach.

Damage During Removal of Attached Goods

If an attached item is removed and damage occurs:

• the issue must be addressed under Section 9.2 of the contract

• repairs, credits, or remedies should be clearly outlined
  
  

Important Risk Note

Holdbacks for removed items are often difficult to negotiate and may be resisted by sellers. If damage occurs and is not resolved prior to possession, the buyer may need to pursue remedies after possession, potentially with legal assistance.

Common Issues REALTORS® Should Watch For

• Unclear or incomplete descriptions of goods

• Assumptions about what “comes with the house”

• Sellers removing items before the agreed possession date

• Damage discovered after possession that was not addressed in the contract

These issues are preventable with clear drafting.

Best Practices for REALTORS®

• Be specific — avoid general language

• Clarify inclusions and exclusions early

• Update and initial any changes before acceptance

• Do not rely on verbal understandings

• When disputes arise, pause and seek guidance

Key Takeaway

Section 1 defines what the buyer is actually purchasing.
If it is not clearly written here, it should not be assumed later.