The refrigerator only has to stay if it is a permanently installed and built-in improvement or if it is included on the Non-Realty Items Addendum to Contract (TXR 1924, TREC OP-M). The One to Four Family Residential Contract (Resale) (TXR 1601, TREC 20-16) signed by the parties controls the conveyance and states that the contract contains the entire agreement of the parties. Statements made in previous negotiations and MLS advertisements that are not contained in the contract will not be enforceable against the seller. This situation is an example of why it is important to ensure that all material elements of prior negotiations are contained in the signed contract.
If the MLS listing said the refrigerator conveys but the contract didn’t include it, is the seller always required to leave the refrigerator for the buyer?