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
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
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.
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.
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".
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