Home Buying in Dallas>Question Details

Maya Gesund, Renter in Dallas, TX

Does an itemized list of appliances to be taken by the seller imply that the other appliances will stay?

Asked by Maya Gesund, Dallas, TX Mon Jan 7, 2013

I just purchased a home and the purchase agreement stated that the sellers were taking "the kitchen refrigerator, the potted plants, and the yard art." The home had another refrigerator in the utility room. The sellers took both refrigerators when they left along with the washer and dryer. I understand that default real estate law states that appliances which are not permanent fixtures are not included in the purchase of the home, but doesn't the language above contract us out of the default rules? Does the list read as all-inclusive or more of a "belt and suspenders" approach for the sellers to say they just wanted to really make sure the kitchen refrigerator was not staying. Please note that it was obvious that the kitchen refrigerator was not a built in.

Help the community by answering this question:

Answers

16
This is an "assume" situation. Refrigerators, washers and dryers are normally no included in the sale of a home. Because they put in writing what they were taking so you assumed that the rest stayed. However, in Texas, if you wanted those items you needed to include them in your offer--on the Non-Realty Item Addendum.
You could contact a lawyer, but would it be worth it for used appliances? And you may lose.
1 vote Thank Flag Link Sun Jan 13, 2013
I came across this post because I was trying to find the name of that addendum.
Flag Wed Mar 26, 2014
Hi Maya,

Since the contact did stay about the kitchen refrigerator will not be included with the sale so he has the right to take that. But as far as the fridge in the laundry room since its not a build in, he also has the right to take it. He should really take the washer and dryer too. Not sure why he left those behind as washer and dryer usually dont come with the house as they are not part of the appliances.

Usually only stove, oven, dishwasher and built in microwave that will come with the house.

Hope this helps

Dixon
Realtor
JP and Assoiate Realtors
http://www.findyourtexashome.com
1 vote Thank Flag Link Tue Jan 8, 2013
Some Appliances are not built in. Apparently they wanted to be specific so that no one would think the refrigerator in the kitchen was staying as it may have matched the other appliances - i.e. dishwasher, microwave, ovens, etc. When in doubt it is always good to be specific as to what stays and what does not stay and they are good questions to ask the seller to be certain you know before you move in what will not be left behind. Hope this helps.
1 vote Thank Flag Link Tue Jan 8, 2013
I am with my fellow real estate professional, you want to consult with your agent. I always ensure there is written communication between both parties to ensure to mishaps or miscommunication occurs during the process.
1 vote Thank Flag Link Tue Jan 8, 2013
I think it is just "belts and suspenders" approach. Generally, all fixtures stay but all non-fixtures go unless specifically mentioned in the contract as part of the purchase price.
1 vote Thank Flag Link Mon Jan 7, 2013
No, talk with your Realtor and not us.

Kenny
Turtle Creek Realty
0 votes Thank Flag Link Sun Jan 13, 2013
In my opinion this language just clarifies they are taking items that some people might question. Probably being over descriptive than they had to be so there was hopefully no misunderstanding.

In my opinion they did not contract to leave the extra fridge....normally fridges are covered in non-realty items addendum as are washer/dryers.... If you wanted them you probably needed to ask for them and contract for them. You want to refer back to your contract for what is described as a fixture.

If you used the TREC 20-10 contract, look at paragraph 2B.

I am not an attorney, so this legal question you might want to refer to an attorney, but probably by the time you pay an attorney to fight, it might be cheaper to buy a new fridge.

In my opinion adding the extra language did not contract you out of the default rules or other provisions of the contract, it was just stating a fact or a clarification.
0 votes Thank Flag Link Sun Jan 13, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
To cover yourself you need to have this specified that the 2nd refrigerator stays, in writing, for example. One would understandably gather that appliances not excluded would be left, but to cover yourself have it writing since sellers see things differently than buyers. Presuming isn't always reliable. I have seen buyers unscrew and take a bathroom mirror, an attached one, which you'd expect them to leave but that's real estate. The question is to do want to pay a lawyer re this?
0 votes Thank Flag Link Tue Jan 8, 2013
These type of cases are very fact-specific. First, you always start with the "four corners" of the contract - from what you've stated, it appears that the contract was silent as to the second refrigerator and washer and dryer. I would get an attorney to review the clause in the purchase agreement - it's possible there might be some all-inclusive language in the purchase agreement that would help your case. After that review, if the language of the contract doesn't resolve this issue, the next question to ask is whether there was an agreement between yourself and the seller as to the second refrigerator and washer and dryer. In Texas, real property transactions and certain other types of transactions are required to be in writing, but with other personal property transactions, such as an agreement as to a refrigerator or washer and dryer, verbal agreements are enforceable (with the caveat, always depending on the unique facts and circumstances of a given situation). If you had an enforceable agreement for the appliances, you may be able to prove it by such things as communications between you and your real estate agent, communications with the seller and their agent, alterations in price of the property based upon an agreement, and so forth. Based on the limited facts given in your question, if it was me and I had an enforceable agreeement as to the appliances, first I would try to resolve this through my real estate agent who handled the transaction. If nothing came of that, I would contact an attorney as to the next steps.
0 votes Thank Flag Link Tue Jan 8, 2013
I can see where you might think it implied other appliances would stay but odds are the contract covers personal property which is anything that is NOT attached such as the other refrigerator and the washer and dryer. I would discuss this with your real estate agent and see what their thoughts are.
0 votes Thank Flag Link Tue Jan 8, 2013
Talk with your Realtor.

Kenny
Turtle Creek Realty
0 votes Thank Flag Link Tue Jan 8, 2013
In the contract you would need to list all exclusions to the sale that are not permanent fixtures - I believe an extra laundry machine that is not attached and left on property would have to be listed in this section. Did you work with a realtor when buying this property?
0 votes Thank Flag Link Tue Jan 8, 2013
You had better clarify...I've actually seen sellers dig up whole rose gardens and take them with them!Make sure your realtor knows your concerns.
0 votes Thank Flag Link Tue Jan 8, 2013
Your Realtor needs assist you with all the questions. Based on executed sales contract. HOWEVER majority of the time refrigerators don't convey with the property.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Mon Jan 7, 2013
Depends on the language in your contract. If you used the TREC or TAR contract, and absent any special provisions language or addendum stating the contrary, neither of the refrigerators or washer/dryer package would convey. Exempting certain personal property from the conveyance is often a common practice as our state is full of agents who have little to no understanding of the contracts they are required or permitted to use, and exempting items simply stops potential issues from arising post closing.
0 votes Thank Flag Link Mon Jan 7, 2013
I'm not a lawyer here, but it seems to me that since they specifically indicated what appliances they were taking, they implied that all the others would stay, so I think it could be a natural response of the buyer to assume the other appliances were staying. My first question is: "Did your realtor print the listing when the original transaction was initiated?" If your realtor did happen to print the listing then, it would indicate what was originally in the listing. Sometimes agents can go back in and change things in the listing after the initial contact regarding the property has already begun.

I would check that listing first to see what appliances it indicated were staying with the property. Look all throughout the purchase agreement and see if there are any other indications of things that the seller planned to take at closing, then I think I would call up my realtor to begin with and explain to them what has happened. If the original listing indicates all those other appliances were to stay, you could go back on the listing agent AND the sellers. You can probably also make a complain to the National Association of Realtors. The complaint can be heard by them and compensatory damages may or may not be deemed appropriate to pay. You also should get with your realtor and decide if the things that the sellers took are worth what it might take to fight it. Sometimes it's not really worth it, even though what they did was wrong and could have been a breach of contract. Check with your realtor and go from there.

Good luck.
0 votes Thank Flag Link Mon Jan 7, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer