If you’re like a lot of new home buyers, you’ve decided to purchase some or maybe even all of your major household appliances from your builder. Doing so can potentially save you a lot of time, money, and stress.
But what happens if there are issues with them? What if there’s a dent in the refrigerator, your dishwasher doesn’t work, or the stove you got is a different brand from the one you chose? Does your new home warranty provide coverage for these types of situations?
The answer: It depends. We get a lot of questions related to appliances, so we’ll try our best to clear things up as much as possible in this short space.
Limited warranty coverage for household appliances
Household appliances have limited coverage under the new home warranty. This is due to the fact that Ontario law does not consider many types of appliances to be part of the home.
“What do you mean they’re not part of the home?” – you might ask – “I bought them from my builder and paid for them as part of the agreement.” While this is true, it is necessary to think beyond your purchase agreement and understand the legal term “chattel”.
Getting up to speed on “chattel”
“Chattel” is a term used in real estate law to describe items that do not form part of the home – instead they are items of personal property. Whether an item is considered as a chattel depends on its degree of attachment to the home.
Household appliances such as refrigerators, microwaves, and stoves, often do not have a significant degree of attachment to the rest of the home. Most of these appliances simply need to be plugged into the home’s utility sources to function. They are sometimes held in placed only by a bracket and several screws, but ultimately can be moved quite easily.
Furthermore, they can be removed from the home and used in a different home in cases where a homeowner sells the home but wants to keep their appliances. This is significant because the warranties under the Act apply to the “home.” The warranties do not apply to chattels or personal property.
What is covered?
Now that we’ve explained why household appliances are often considered to be chattels or personal property (rather than part of the home), let’s outline the extent of their coverage.
In general, the warranty covers defects related to the builder’s installation of household appliances that are considered chattels. Examples may include:
- Improper wiring, venting, or drainage;
- Failure to install the appliance according to the manufacturer’s guidelines, the building code, or industry best practices.
These types of workmanship issues which relate to the builder’s installation of the appliance are typically covered for one year from the warranty start date, and any related claims should be made to your builder and Tarion.
What’s not covered?
The warranty does not extend to situations in which the appliance itself is defective. This includes pre-existing aesthetic defects (like scratches on a stove top) as well as internal manufacturer defects which cause malfunctions. Many of these issues would instead be covered by the manufacturer’s own warranty. Your builder should have provided you with operating guides and warranty information at the time of closing, so please refer to them for further assistance.
The warranty also does not typically cover missing appliances, or substitutions of appliances made by the builder without your consent.
Still have questions?
It may be difficult to determine if an appliance issue is the result of improper installation versus an internal problem with the appliance itself. If you’re ever in doubt, contact Tarion’s Technical Desk. Our Technical Desk consists of experienced Warranty Services staff who can provide in-depth warranty information for specific issues.
The Technical Desk can be reached by calling Tarion’s general number, 1-877-982-7466, and asking for a Technical Desk Representative.