Legal FAQs for REALTORS® — Contracts and Forms
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A seller authorized me to advertise in the MLS that her refrigerator conveys with the sale. But when she sold her property, her contract didn’t mention the refrigerator at all, so she took it when she moved. The buyer says she should have left it since it was advertised as conveying with the sale in the MLS listing. Does the seller have to give the buyer the refrigerator? (updated February 2, 2016)

No. If the signed contract does not state that the refrigerator conveys with the property, the seller does not have to leave it. Previous negotiations and advertisements, such as in the MLS, aren’t enforceable like a contract signed by the parties. This situation is an example of why agents should help clients ensure all material items of prior agreements are contained in the signed contract.


Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on TexasRealEstate.com. Any legal or other information found here, on TexasRealEstate.com, or at other sites to which we link, should be verified before it is relied upon.

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