Home Buying in Chino Hills>Question Details

Shan Niroola, Home Buyer in Chino Hills, CA

Does "all appliances" include the washer and dryer in California?

Asked by Shan Niroola, Chino Hills, CA Tue Dec 23, 2008

We listed "all appliances" specifically to be included in the sale but did not specify washer and dryer. The selling agent is pushing back that they are not included. Who's right? Btw, all kitchen appliances are built-in.

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7
Hi Shan:

As indicated by the other agents the term "all appliances" is too vague and should have been countered by the listing agent to clarify what was meant. In California the standard practice is not to included the washer or dryer with the sale unless it is specified in the contract and agreed upon by both parties. It is a toss up on weather you would win in court or not regarding this part of the contract. And unfortunately the only way to settle the matter if you cannot come to an agreement would be court, (probably small claims). Remember for next time and if an addendum is written and agreed upon by both you and the seller that it be very clear and specific, so there can be no misunderstanding.

Good Luck
Diana Margala 909-945-5763
Web Reference: http://www.DianaM.com
1 vote Thank Flag Link Tue Dec 23, 2008
Hi Shan,
That is an interesting question. Typically when dealing with the C.A.R contracts we are told to be very specific. The statement “all appliances” is nothing I would write into or accept as part of a purchase agreement it is simply too vague.

The argument could then be made that the word “all” could include coffeemaker (which is a kitchen appliance;)

It is assumed that appliances attached to the home transfer with it…example, built in microwave, while a refrigerator is easily removed and not typically considered a fixture.

In one of my markets, water softeners can become an issue given that they are attached by plumbing most would consider them part of the house. However the case may be that the homeowner has not even finished paying for it yet.

There have been disagreements where an agent will have items included in the MLS listing but the purchase agreement did not specifically ask for those items.

If you are not able to work this out you may have to consult with a real estate attorney.
Hopefully you will be able to come to an agreement with the seller or your own real estate agent without going that far.
1 vote Thank Flag Link Tue Dec 23, 2008
Dear Shan,

Typically, what is included are the items that are built in, such as the dishwasher, stove, microwave that is above the stove and built in as well. When I write an offer, I specify everything, if my buyer wanted the refrigerator, I spell it out, this way, there is no confusion. Sometimes the sellers will throw in the washer and dryer to be nice because they don't want to move them. Sometimes the buyer can purchase them outside of escrow. However, I would not say they are standard appliances with any home. They are not what I would consider standard appliances.

What I would do now since it was not specified is to have your agent try to negotiate them into the deal. He/she could say they should have put them into the offer, but they did not-their error, is there anything the seller can do? If not, then I would offer money outside of escrow to purchase them, or go buy new ones if the price is not right.

Good luck, I know this is frustrating, but things will work out.

Kind regards,

Joan Patterson, B.A., A.S.P., G.R.I., Realtor
Keller Williams Realty
8250 White Oak Avenue, Ste 102
Rancho Cucamonga, Ca 91730
951-204-1864
1 vote Thank Flag Link Tue Dec 23, 2008
that is a gray area for sure. usually washer and dryers are not included unless specifically stated. in any event it is what is written in the purchase agreement by the buyer and signe dby them and by the seller agreeingto include them that count. if they typed in each one by name and you signed it, then all go but if the only asked for say refrig, dishwasher and stove in the purchase agreenment that is what goes. i hope this helps.
Web Reference: http://www.ScottSellsNH.com
1 vote Thank Flag Link Tue Dec 23, 2008
In NC All appliances means kitchen appliances..stove, and all built ins.to include Refrigerator must be stated including refrigerator..W & D are not included unless specifically stated
0 votes Thank Flag Link Thu May 9, 2013
Hi there Shan, Good question
Typically washer and driers are not included unless clearly outlined in your listing agreement. It is some what of a gray area as If they are bult in are they permanent fixtres with Electric , water and gas hook ups?

It is up to you if you want them included or excluded. It needs to be clearly identified in the paperwork

Your agent should be able to help you with this.

Kind Regards
Michael Barron
Realtor
First Team Real Estate
(714) 552-6817
0 votes Thank Flag Link Wed Dec 24, 2008
Hi there Shan, Good question
Typically washer and driers are not included unless clearly outlined in your listing agreement. It is some what of a gray area as If they are bult in are they permanent fixtres with Electric , water and gas hook ups?

It is up to you if you want them included or excluded. It needs to be clearly identified in the paperwork

Your agent should be able to help you with this.

Kind Regards
Michael Barron
Realtor
First Team Real Estate
(714) 552-6817
0 votes Thank Flag Link Wed Dec 24, 2008
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