Appliances Not Working? Here’s What the APS Actually Says

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Every Realtor knows the pain of this post-closing call from your client:

“The stove doesn’t work.”

So let's look at one of the most common — but often misunderstood — clauses used in the APS:

“The Seller represents and warrants that the chattels and fixtures as included in this Agreement of Purchase and Sale will be in good working order and free from all liens and encumbrances on completion. The parties agree that this warranty shall survive and not merge on the completion of this transaction, but apply only to the state of the property at completion of this transaction.”

There are two (2) things every Realtor should know about this clause:

1. It’s not standard — you have to add it.

Despite what some believe, the OREA Agreement of Purchase and Sale does not include this language by default.

If you want your buyer to have this protection, you need to add it manually — usually in Schedule A (CHATT-2 in WebForms).

The only built-in protection around chattels appears in paragraph 4 of the APS:

That’s it. There’s no promise the appliances will work.

The buyer is protected against liens or encumbrances — but if the stove doesn’t heat or the fridge doesn’t cool, and that clause wasn’t added?

There’s no warranty to fall back on.

If your client expects functional appliances — and most do — this clause is essential.

2. It creates a future obligation.

When the clause is included, it’s not just describing the state of the appliances at the time of showing or offer. It’s written in the future tense:

“will be in good working order…”

That means the seller is promising that, on the day of closing, the appliances will work — regardless of what came before.

And that gives your buyer real leverage.

We regularly hear from Realtors whose clients discover a broken dishwasher at the walkthrough, or a busted washing machine on moving day.

If this clause is in place, the buyer can insist on a repair or replacement.

If it’s not, they’re usually out of luck.

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My advice? Always include the Good Working Order clause if your buyer expects the appliances to function — it’s the only way to create a clear obligation.

Then, make smart use of the final walkthrough.

Schedule it as close to the completion date as possible. That way, if something isn’t working, we can flag it and try to resolve the issue before the money is sent.

It’s a simple step — but it can save your client (and you) from the hassle of chasing repairs after closing.

And trust me… enforcing the contract post-closing is never the route you want to take.