Does That Refrigerator Convey?

If the MLS sheet states that an appliance is included in the purchase price but the appliance is removed from the house after the final walk-through, buyers may have legal recourse only if the sales contract references the MLS sheet. Sellers are not obligated to leave an appliance behind if the box for the item in the standard contract paragraph entitled “Personal Property and Fixtures” is unchecked. Moreover, it is not custom in every area that refrigerators and other appliances convey with a property, as they are not fixtures that are physically attached. While buyers can have the matter reviewed by their lawyers, doing so will likely cost more than what the price of a new appliance. If the box on the sales contract was unchecked due to an oversight by their agent, buyers should discuss whether the agent will share some of the expense of replacing the appliance. To avoid such a situation, buyers should attend the pre-settlement walk-through, which should be scheduled for the morning of the closing; ensure that all blanks in the sales contract are filled in; make sure any representations made by the seller are reflected in the contract; and have the home inspected right after closing. | Read More