Home Buying in 80205>Question Details

Anonymous0612, Home Buyer in 80205

Is the content in the MLS listing what is legally included in the sale?

Asked by Anonymous0612, 80205 Thu Jun 16, 2011

There was an appliance listed on the MLS sheet that the seller's realtor is now saying was a typo and is not actually included- and the house is under contract. There is nothing about appliances in the contract.

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4
Hello,
Agree on these points made by Spencer and Mack.

This is a good opportunity to remind buyers to go over those contracts with a fine tooth comb. You might want to keep a notebook and some notes about the things you want to include and make sure your agent is apprised of the things you want to be included. As these other agents note, the appliances that are not generally considered a part of the property are not routinely included. If you wanted a refrigerator in the deal - something that is not attached - then it is your responsibility to make sure this is mentioned. You should take the same diligence to your inspections of the home.

No, the MLS is a listing and does not form a contract once the buyer tenders an offer. That was your first opportunity to catch the detail that was missing.

This is why I stress that when buyers interview agents to hire, the buyer should gauge how well you both communicate. Are you comfortable dealing with this person? How much experience do they have?

Please let us know the outcome. Thanks.

Best,
SuZ
PML of Longmont, CO
720 810 0683
bouldersuz@gmail.com
1 vote Thank Flag Link Sat Jun 18, 2011
No. It would have to included in the inclusions section on the purchase contracts. If the appliance is not considered a built-in appliance such as a built in microwave or dishwasher, it would have to be added there as personal property in order to be included in the sale or listed in the additional provisions.

The MLS listing sheet usually includes a disclaimer that says something to the effect that the information is subject to change and should be independently verified. Beyond that, what is advertised on the MLS is really between the listing agent and the seller.
1 vote Thank Flag Link Fri Jun 17, 2011
No. The buyer is not a party to the listing agreement, and the advertising and promotional material does not represent a contract between the seller and the buyer. It was up to you and/your agent, A0612, to list the appliances that you wanted in the contract.
1 vote Thank Flag Link Thu Jun 16, 2011
Anonymous0612,

What is listed in the MLS is not the deciding factor. There is a section in the contract that delineates what is included or excluded in the sale. If your agent wrote in that the appliance was included and the seller signed it, it is included. If not, it is not included. Sounds like this is an oversight that your agent made in not including it. There may still be room to negotiate that appliance in and do an amendment to the contract. Good success with your purchase.

Robert McGuire ASR
Broker/Consultant
Your Castle Real Estate
1776 S. Jackson St. #412
Denver CO 80210
Direct – 303-669-1246
http://theRobertMcGuire.com
0 votes Thank Flag Link Sat Jul 28, 2012
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