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?
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.
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25 Comments on "Will the Fridge Convey if it Wasn’t In the Contract?"
Buyers’s agents really do need to know how to write an offer and explain to their clients. Last year we had the listing and another Broker represented the Buyer who threatened not to close unless the Seller returned all of the patio furniture that was shown in the MLS photos. Nothing was in the contract about the patio furniture and the Buyer’s agent told the Buyer to consult with an attorney. We finally did close 7 days late.
Then why does commission advertised in MLS overrule commission stated in the contract?
Sorry, …but “commission” is Not stated in the contract.
~The contract is between the buyer and the seller. The commission agreement is between the two Brokers. You need to be sure you understand what that is before you show a house to a buyer. …And if necessary, get an agreement in writing from the listing Broker before you present an offer on the property.
Tricky for sure and amazing how many agents do not know about this information.
Page 9 of the contract regarding the commission is there to serve as authorization to the title company to pay the buyer’s broker directly from the listing broker’s commission.
The commission offered by the listing agent in the MLS becomes binding when the buyer’s agent submits an offer.
“Scamming a buyer”? That’s a bit harsh. If the Buyer wants the refrigerator, it’s up to the Buyer/Buyer’s Agent to make sure that the refrigerator is included in the Non-Realty Property Addendum and included with the offer. Just because a Seller offers personal property in an MLS listing doesn’t mean the buyer will want or has to take those items. If he/she wants them, then put them in the offer. No mind-reading needed. Simple as that.
Wow, Rick. You really are clueless on all of this. And we wonder why TAR has to explain basic concepts like this.
Right. Some things are negotiated out after the offer was written.
No it was not part of the written agreement. Non Realty Addendum takes care of these items to be left on property.
My opinion— If the refrigerator is a built-in refrigerator, it is an attachment to the property and is Real Estate. In this case, it would not need to be mentioned in the contract and would transfer with the property. If the refrigerator is not built-in, it is personal property and not Real Estate. In this case it would need to be mentioned in order to transfer with the property.
All confusion would have been eliminated had the Seller’s Agent listed the refrigerator in exclusions in the contract.
As a home inspector, I advise my clients to communicate with their agent about any item associated with the property which they care about; to not make assumptions about garage cabinets, portable sheds, refrigerators, etc. Could the buyer force the refrigerator to be returned? Perhaps, but the legal cost would exceed the cost of a new refrigerator. The cost of appliances are going up rapidly so be very clear or expect more of this type of nuisance.
A refrigerator, cook stove etc. is personal property and should be addressed in the form for non-real estate item . Make it a part of the contract. If buyer wants them.
What happens if microwave, washer and dryer were not a part of the MLS listing or the seller disclosure forms that I had signed because the house did not contain these items, however the buyer’s agent listed them on the contract as a part of the sale but I did not see them listed along with the items the house did already come with. I know it is my own fault for not reading carefully, but am I now contractually obligated to purchase and install these items in order for sale to close?