Home Buying in 94404>Question Details

Zixin, Home Buyer in 94404

Refrigerator is in Listing Includes section but not in contract

Asked by Zixin, 94404 Mon Aug 3, 2009

We are 1st time home buyers. The listing states "1 dishwasher, 1 Refrigerator" in section "Listing Includes", but we didn't put it in contract. Our Agent didn't mention that this need to be in contract. Now we are told that the seller won't leave the refrigerator unless we buy it from him. We are about to close the transaction. Is there anything we can do?

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The refrigerator must be included in the contract. The listing as shown in the MLS is not part of the contract, nor are seller disclosures. You can still stand firm and refuse to remove your contingencies unless you get the refrigerator. That is about the only leverage you have left.
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1 vote Thank Flag Link Fri Aug 7, 2009
I have to agree with Arn, I think he hit it right on the nose. But, I have to say that I can't believe some peoples greed and integrity.

The only thing that does matter is what is in the contract, but to have the Fridge in the MLS and also on the Flyer, and then not want to include it is bad Karma.

Good luck with your new home Zixen.

Dave Tap Tapper
Cashin Company
Web Reference: http://TeamTapper.com
1 vote Thank Flag Link Tue Aug 4, 2009
Dear Zixin,

Sounds like your agent stepped up to the plate and took responsibility. That's great. Glad we could help.

0 votes Thank Flag Link Tue Aug 18, 2009
Unfortunately, we have removed all contingencies long time ago.
But the seller offered the refrigerator at a reasonable price and our agent is willing to buy it for us. So this issue is resolved.
Thank all of you here.
0 votes Thank Flag Link Fri Aug 7, 2009
Thanks for all your kindly answers.
Yes, we have asked our Agent if the refrigerator is included (more than once I think). Not only the MLS listing, but also the flyer indicates this (the flyer states "Refrigerator and dishwasher are included"
We'll see how my Agent negotiates with the seller. I think someone should be responsible for this, and it shouldn't be us.
The refrigerator is a pretty good one. I think a brand new one will cost around $2500
0 votes Thank Flag Link Mon Aug 3, 2009
Oops, resounding is the word -- typo error.
0 votes Thank Flag Link Mon Aug 3, 2009
I know your are annoyed, and disappointed, but wouldn't you prefer to have your own refrigerator with a new warranty? It's not worth having a big problem over and they are not that expensive to purchase. As a matter of fact, I personally would prefer to buy new appliances and let the owner take his used stuff.
0 votes Thank Flag Link Mon Aug 3, 2009

I'm afraid Mr. Cenedalla is correct in his response as well. In fact, a very good friend of mine, who is also an agent , warned me early in my real estate career that she had to purchase a water softener that turned out to be rented instead of owned. Also, the school that I attended to become a real estate agent went over and over and over and over that in every class. In the middle of a completely different subject, they said, "So everything listed under the "includes" is automatically included in the sale, right?" The response was obviously a resonding "NO". By the end of my training it was so embedded that I couldn't possibly forget.

That said, not everyone's training is that intense or specific. It is an easy oversight to make.

Wish you the best results.

0 votes Thank Flag Link Mon Aug 3, 2009
Then I would ask your agent to -- in a very kind and humble way - to explain that he or she neglected to put it in the offer but that it was listed in the includes and that you are first time home buyers and cannot afford to purchase new appliances and that you were expecting to have them included.

Unfortunately, in the State of Wisconsin, short of that, they have the upper hand. You may want to confer with a real estate attorney in your state as the laws may differ.

Sorry for your problem.

0 votes Thank Flag Link Mon Aug 3, 2009

The mls listing has nothing to do with the buyer or the purchase contract.
Only the contract controls the terms of sale and what is included and what is not.
If you told your agent you wanted the appliances and the agent failed to inlcude them in the offer, I believe the agent should make it right with you.
Over my 31 years in the business, I have made a few mistakes.
I protect my client. If I make a mistake, I suffer the consequences. I never let one of my clients suffer from a mistake I made. I am the professional. My clients trust me and it is my responsibility to protect them.
If it was me and you clearly told me you wanted the appliances included in sale, I would pay you the value of the appliances. If the appliances were 10 years old, I would come up with a figure that fairly compensates you for their loss. If they were new, I would pay you for new.
Now if you did not tell agent you wanted the appliances then the situation is a little different. I still say the agent should have gone over the issue with you either way.
I think your agent should step to the plate and do the right thing.
My business is built for the long term - relationship by relationship not "deal" to "deal".
0 votes Thank Flag Link Mon Aug 3, 2009
Yes, we offered exactly the price the selling listed, that is, full asking price.
0 votes Thank Flag Link Mon Aug 3, 2009
Dear Zixin,

You're welcome.

If you don't mind my asking, did you offer them full asking price?

0 votes Thank Flag Link Mon Aug 3, 2009
Thank you for the answers from you two.
There is a section "Listing Includes" in the MLS listing, and it states "1 dishwasher, 1 Refrigerator".
Our agent admitted it's her mistake to not mention this to us.
I am in CA
0 votes Thank Flag Link Mon Aug 3, 2009
What do you mean the listing states refrigerator in section "Listing Includes"? Where was this mentioned? In the MLS or flyer? Since refrigerator is not considered as fixtures but a personal item, you have to state it clearly in the Purchase Agreement if you want this to stay. Talk to your agent and see what he/she can do for you.
0 votes Thank Flag Link Mon Aug 3, 2009

I would appeal to the them regarding the fact that they put it in the includes. However, in many cases the sellers tell their agents specifically that they will leave the appliance as long as they get a certain price for their home.

In the state of Wisconsin, we must include the items on the purchase contract in order for it to be enforceable regardless of whether or not it is in MLS. I'm not sure what the laws are in your state.

Hope this was helpful.

Linda S. Cefalu
0 votes Thank Flag Link Mon Aug 3, 2009
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