October 14, 2026

How Do You Decide on Inclusions in a Real Estate Transaction?

You’re viewing a house for sale and fall in love with the chandelier in the dining room. In the backyard, the hot tub already has you dreaming of summer evenings. But will these items still be there when you take possession of the property?

In a real estate transaction, it’s not enough to simply agree on the sale price of the house. You must also define what is and isn’t included in the transaction. While some items may seem obvious, others are worth negotiating and clearly stating in the offer to purchase (also called the promise to purchase).

Whether you’re a buyer or a seller, understanding the rules surrounding inclusions and exclusions will help you avoid misunderstandings when you take possession. Here’s how to determine, negotiate, and document them so it’s clear for everyone.

	At a glance Items attached to the property are generally included in the sale. Removable items must be clearly specified in the inclusions or exclusions. The offer to purchase—not the detailed description sheet—determines the inclusions and exclusions of a transaction.

What is the difference between an inclusion and an exclusion?

When it comes time to buy a property, it’s important to know exactly what is included in the sale and what isn’t. That’s where the concepts of inclusion and exclusion come into play.

An “inclusion” refers to an item that the seller agrees to leave with the buyer as part of the sale. This can include appliances, light fixtures, curtains, or a hot tub. Conversely, an “exclusion” is an item that the seller wishes to keep and that will not be transferred to the buyer.

This distinction may seem simple, but it has implications for the real estate transaction. Some items have considerable financial value, while others hold sentimental value for the seller. This can influence negotiations, the sale price, or the terms of the offer to purchase.

Let’s take an example. A seller wants to keep the dining room light fixture because they plan to reinstall it in their next home. The buyer, on the other hand, assumes it’s included in the sale because it’s attached to the ceiling. To avoid any misunderstanding, the seller must clearly exclude it from the offer to purchase. If both parties agree to leave it in place, it must then be listed as an inclusion.

What is included in the sale of a house?

When selling a house, certain fixtures are automatically included in the transaction, even if they are not mentioned in the offer to purchase. To determine what needs to be specified or negotiated, you must distinguish between fixed items and removable items.

Items that are part of the property

Fixed items are those that require a screwdriver or other tools to remove, or whose removal could damage the property.

In Quebec, permanent heating, electrical, and lighting systems are automatically included in the sale of a home, in accordance with the Civil Code of Québec. They are an integral part of the building and do not need to be added to the offer to purchase.

If items that are normally included by default are not, such as a ceiling chandelier or an interior light fixture, the seller may decide to keep them, provided they are specified in the exclusions of the contract.

Items that are not automatically included

Unlike items permanently attached to the building, removable property is not automatically included in the sale. They may therefore be included or excluded based on an agreement between the buyer and the seller. For example, a central heat pump is an integral part of the property, whereas a window air conditioner is considered a removable item.

Household appliances, furniture, curtains, a wine cooler, a hot tub, or certain decorative items are therefore generally excluded from the transaction, unless the parties agree otherwise.

Items that may cause confusion

Some items are more difficult to classify because it is harder to determine whether they are an integral part of the building or whether they are instead removable property. The degree to which they are affixed to or integrated into the property can help resolve the issue.

Ambiguous items to include or exclude from a real estate transaction
Items	Points to clarify
Charging station for electric vehicles	The station and accessories
Shelves in a walk-in closet	Built-in units and removable storage furniture
Television and wall mount	The television, wall mount, and accessories
Curtains and blinds	Curtain rods, fabric, blinds, and sheers
Cameras and alarm system	Alarm system components, equipment, and accessories
Hot tub	The hot tub and accessories

So, what items should be negotiated? It all depends on the buyer’s needs and the seller’s intentions. When the property is listed for sale, the real estate broker can specify the inclusions and exclusions in the brokerage contract and the detailed description sheet. However, it is the offer to purchase—once accepted—that formalizes the agreement between the buyer and the seller.

To leave no room for interpretation, each item must be precisely identified by specifying its make, model, colour, or serial number. Keep in mind that the buyer generally acquires these items without a legal warranty, at the buyer’s own risk, but they must remain functional for normal use at the time of taking possession.

How should leased equipment be handled?

Equipment that is leased or subject to a hire-purchase agreement does not belong to the seller and therefore cannot be considered ordinary property included in the sale. This is sometimes the case with water heaters, heat pumps, air conditioners, alarm systems, and electric vehicle charging stations.

Before closing the transaction, the seller and their real estate broker must determine:

who owns the equipment;
the terms of the contract;
whether or not the contract can be transferred;
the obligations and costs to be assumed by the buyer; and
the supplier’s conditions for completing the transfer.

For the buyer, reviewing the documents related to the promise to purchase is particularly important, as it allows the buyer to understand the responsibilities the seller will transfer to the buyer upon acquiring the property.

If the lease agreement can be transferred

If the agreement allows for a transfer, the equipment can remain on-site, and the buyer can assume the obligations set forth in the agreement. The promise to purchase also includes a section for service and lease agreements.

If the leased equipment cannot be transferred

If the agreement cannot be transferred to the buyer, the seller must then make the necessary arrangements with the supplier, and the equipment must be listed as excluded from the sale, if necessary.

	Tips and tricks Don’t leave leased equipment in a grey area: either transfer the contract to the buyer or treat it as an exclusion and clarify responsibilities with the supplier.

How can inclusions and exclusions be clearly documented?

An inclusion or exclusion should never be based solely on what appears in the property’s detailed description sheet or what was observed during a showing. To avoid misunderstandings, the relevant items must be clearly identified in the transaction documents, and the final agreement must be included in the offer to purchase.

Brokerage contract

Before the property is listed, the seller and the broker decide which items will be included and excluded from the sale. The broker notes these in the sales brokerage contract form issued by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) and then includes them in the property description sheet.

Detailed description sheet

The property’s detailed description sheet allows the prospective buyer to know the inclusions and exclusions announced at the time of listing. It serves as a source of information regarding what the seller plans to leave or remove, but it does not reflect the final agreement between the parties. The buyer must ensure that the items they wish to acquire are clearly included in their offer to purchase, even if they are already listed on the description sheet.

Offer to purchase

The offer to purchase is crucial, as it specifies what is included and excluded from the real estate transaction. If the buyer wants to keep an item that does not appear in the property description, they can add it to their promise to purchase. The seller may then accept it, reject it, or make a counteroffer.

	Tips and tricks If the property description sheet and the offer to purchase do not say the same thing, the offer to purchase takes precedence. To avoid any misunderstandings, make sure that the desired inclusions and exclusions are clearly stated in it.

How can you avoid misunderstandings about what’s included and what’s excluded?

Even when what’s included and excluded is clearly defined, certain details may escape the buyer’s or seller’s attention. To prevent disagreements, both parties should pay close attention to any items that could be confusing, right up until the closing.

What the buyer should do

If you’re particularly interested in a specific item, don’t assume it’s included just because it’s in the house. Before making an offer, take the time to compare what you see on-site with the inclusions and exclusions listed in the property description sheet.

Some good habits to adopt:

Review the list of inclusions and exclusions.
Ask specific questions.
Identify or photograph the items you want, with the owner’s permission.
Check whether any equipment is leased or financed.

Buying with a real estate broker means you’ll have someone to help you review the various documents and clarify the terms of the offer to purchase.

What the seller should do

The seller would be wise to decide which appliances, furniture, and decorative items they wish to keep—or not—before putting the property on the market.

In particular, they can:

remove items excluded from the sale, if possible before taking photos for the listing;
clearly list the exclusions in the relevant documents; and
keep contracts, invoices, and warranties for any equipment that will remain with the property.

By choosing to sell with a real estate broker, the seller benefits from guidance in preparing the property for the market and avoiding ambiguities.

	Tips and tricks Before taking possession, do a final on-site check. Verify that the items agreed upon are still on the premises and that accessories, such as remote controls and stands, are present.

Inclusions and exclusions: key points to remember

When selling a home, inclusions and exclusions may seem like just one detail among many. However, this is not the case, since they define what will be transferred along with the property.

The simplest rule to follow: if an item is included when purchasing a home, make sure it is listed in the offer to purchase. A precise description prevents misunderstandings and ensures that both parties understand what was agreed upon at the time of closing.

Whether you’re preparing to list your property or looking for a home for sale, a real estate broker can help you ask the right questions and properly document the transaction.

Browse properties for sale on Centris.ca to get started right away.

Frequently asked questions

1. Can inclusions and exclusions affect the sale price?

Yes. A home whose sale includes high-end appliances or custom built-in furniture, for example, could see its value increase. Conversely, excluding certain items, such as a hot tub, can reduce the perceived value or complicate negotiations.

2. Are appliances automatically included in a home sale?

No. In Quebec, appliances are not automatically included in a home sale. The buyer must specify them as inclusions in the offer to purchase, indicating the brand, model, colour, or serial number.

3. Are curtains and blinds included in the sale of a home?

Generally, blinds and shades are included in the sale of a home because they are fixed in place. Curtains and sheers, on the other hand, are removable and must be explicitly mentioned in the transaction documents to avoid any ambiguity.

4. Which document confirms the inclusions and exclusions of a sale?

The accepted offer to purchase serves as the reference for inclusions and exclusions. Although the property description sheet lists the inclusions advertised at the time of listing, the offer to purchase takes precedence in confirming the items negotiated for the closing.

5. Can an exclusion specified by the seller be negotiated?

Yes. You can negotiate the exclusion of an item in the offer to purchase. The buyer may request that an item be included; the seller may then accept, refuse, or make a counteroffer.

6. What happens if an included item is no longer present at the time of closing?

If an item listed in the promise to purchase is no longer on the premises at the time of taking possession, the buyer must notify their real estate broker promptly. The promise to purchase serves as a record of what was agreed upon by the parties and helps determine the next steps to take.

The information provided in this article is for informational purposes only and does not constitute financial, legal, professional or other advice or opinions. As such, we make no warranties, express or implied, as to the accuracy, reliability, integrity or exhaustiveness of this information, which you use at your own risk. In no event shall Centris be held liable for actions made on the basis of the information contained in this article or for any damage or loss, direct or indirect, that may result from, or in connection with, the use thereof. We recommended consulting with industry professionals for personalized advice before making any decisions.