Q. We purchased a home approximately four months ago with very few hassles or problems. 
Everything went smoothly until about a week ago when our lawyer contacted us and informed us that the furnace we thought we owned and had bought with the house was actually on a rent to own program and still had around $1,500 left to pay on the original contract. 

The sellers had been paying the monthly installments since we took possession of the house but were now wanting us to assume the contract and finish paying for the furnace; or have it removed at which time we are free to install our own system.  What would you suggest?

A. Normally, when you purchase a property, the heating system is included in the purchase price unless excluded under the ‘fixtures’ section of the contract.  You had no way of knowing that the furnace was not fully paid for unless it was revealed in the negotiating process when you submitted your offer to buy the property. My position as your lawyer would simply be that you purchased a home with a heating system and so either the sellers must immediately pay for the entire furnace. Otherwise, you may have to take them to small claims court (unless they continue along with their payments).

One way or the other it is definitely the ultimate responsibility of the vendors to make sure your furnace is yours.

Jeffrey Cowan is the principal of Cowan Law and can be reached by email at jeff@cowanlaw.ca.