Chattels
Moveable items included in the sale of a property, such as curtains, light fittings, appliances, and garden sheds.
What is a Chattels?
Chattels are personal property items that are not permanently attached to the land or buildings. In a New Zealand property sale, the sale and purchase agreement includes a chattels list specifying exactly which moveable items are included in the purchase price. Common chattels include curtains and blinds, light fittings, free-standing appliances (dishwasher, washing machine), garden sheds, and heat pumps.
The distinction between chattels (moveable) and fixtures (permanently attached) matters because fixtures automatically pass with the property, while chattels only transfer if listed in the agreement. Disputes can arise when items fall in a grey area — for example, a TV mounted on a wall bracket could be argued either way.
The ADLS/REINZ sale and purchase agreement includes a standard chattels list that both parties review and agree upon. It's good practice to be specific and note the condition of each item.
Why It Matters for Due Diligence
Check the chattels list carefully during your property viewing. Make sure everything you expect to receive is listed and that the items are in reasonable working condition. If a chattel is listed but faulty at settlement, the seller is technically in breach of their warranty.
At the pre-settlement inspection (typically done the day before or morning of settlement), verify that all listed chattels are present and in the same condition as when you viewed the property. Report any missing or damaged chattels to your lawyer immediately.
How to Check
The chattels list is part of the sale and purchase agreement. Review it alongside the property viewing. Your lawyer will confirm the chattels list is accurate. At the pre-settlement inspection, walk through the property and check every listed chattel against the list.
Frequently Asked Questions
What's the difference between a chattel and a fixture?
A chattel is a moveable item (curtains, appliances, garden sheds). A fixture is permanently attached to the property (built-in wardrobes, bathroom fittings, fixed lighting). Fixtures pass with the property automatically; chattels only transfer if listed in the agreement.
What if a chattel is missing at settlement?
If a listed chattel is missing or significantly damaged, your lawyer can negotiate with the seller's lawyer for compensation — typically a reduction in the purchase price or a cash settlement. Report any issues before settlement if possible.
Related Terms
Fixtures
GlossaryItems permanently attached to the property that automatically transfer with the land and buildings when the property is sold.
Sale and Purchase Agreement
GlossaryThe legally binding contract between buyer and seller that sets out all the terms and conditions for a property transaction in New Zealand.
Settlement
GlossaryThe day ownership of a property officially transfers from the seller to the buyer and the purchase price is paid in full.
Unconditional
GlossaryThe status of a sale and purchase agreement once all conditions have been satisfied or waived, making both parties legally committed to the transaction.
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