Ken, Home Buyer in Rancho Cucamonga, CA

Refrigerator in contract, which one?

Asked by Ken, Rancho Cucamonga, CA Mon Jan 16, 2012

Some may have seen other posts of mine, but we are having a horrible experience with a dial agency sale we are going through...So, we have two refrigerators in our home and the seller wanted one as part of the deal and we agreed. I want to be difficult I ask which one, especially since the offer we accepted it was not specified. It just says "refrigerator" and nothing else. I see it as I am contractually bound by the contract to provide as agreed, but does anyone think I could have a bigger issue by leaving the cheaper one? I am not talking about viking or anything, the more expensive one is about 1400, but after the many unethical actions by the realtor I am working on principle now!

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Al Jasemian, Agent, Upland, CA
Fri Dec 14, 2012
This is an old question, but whoever responded to the question did not read his own response before submitting. Multiple spelling and grammar.
As a general rule, a buyer agent must be as specific as he/she can be when a personal property in included in purchase offer, that also goes for the listing agent.
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"multiple spelling and grammar"........................................what??
I think you meant to type "is", rather than "in"....and, "a personal property"?? huh?
Better proofread your own post before criticizing someone else's.
Flag Fri Dec 14, 2012
allan erps,A…, Agent, Pearl River, NY
Mon Jan 16, 2012
What does the Realtor® to do with the refrigerator for the Buyer? Who exactly would you be punising by leaving the cheaper one? Certainly would not be "getting even" with the Realtor® would you??
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Shannon Ande…, Agent, San Diego, CA
Mon Jan 16, 2012
Ken, Ken, Ken...........what are you doing? Is this the same transaction about the termite, and dual agency? If the loan falls apart and you do not agree to and extension of time and the buyer cannot close, is the fridge really an issue? This is not principle, more like you wanting to be difficult as you have said. But yes, leave the fridge in the kitchen since that is the one that was there when the offer was written.The contract says it is an as is sale but the contract also specifies existing appliances stay and the fridge is currently existing in the kitchen, so leave it there. And one thing here, you are calling the realtor that because you feel like she is being that way or do you really have something that she has done. I understand you are irritated because of other issues but I am sure they could all be worked out if you would have a conversation with your agent or their broker.
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Edith Karoli…, Agent, Winnetka, IL
Mon Jan 16, 2012
You got a pretty detailed answer from Don Tepper and there is really nothing much for me to add. Except in the
future, when an issue like that comes up, make sure that all is detailed and in writing, you after all signed a contract and you could have just said which one of the refrigerators you are going to leave, if originally you did not want to leave even one, when the question came up, it would have been so easy to put in writing which
refrigerator, style, color or manufacturer will be transferred with the property...

Next time work with a Realtor on your side!!!! and when anything could be later on mis-understood or mis-interpreted clear it up and put it in writing, then there will not be a problem down the road.

Take care.... You are also saying that you are the Home Buyer, but your question sounds like you are the

Good Luck
Edith YourRealtor4Life!
Working always in the very BEST interest of her clients, in Chicago, the North Shore and all of N. Illinois
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Don Tepper, Agent, Burke, VA
Mon Jan 16, 2012
I've got three answers for you:

One: Consult a lawyer. Based on Ron's comments, I looked back at the previous posts. Problem is: It's difficult to tell where the problems are arising--from the dual agency, from the repair requirements, from the buyer, etc. Granted, it's a horrible experience. You've got to try to get through it.

Two: Regarding the refrigerator--I'm not a lawyer so this isn't legal advice. However, if the refrigerator isn't specified in the contract, you may (may--I'm not a lawyer) be legally justified in leaving a functioning refrigerator, even if it's not the one currently in the kitchen. That's certainly happened in the past. People who want to avoid such problems should make sure they specify (by serial number or make/model) the appliances.

Three: As a practical matter, leave the refrigerator that's in the kitchen. What would you gain by substituting the better one for a cheaper one, other than a feeling of revenge? The relative values of two used refrigerators aren't hugely different. Maybe a few hundred dollars? Is a feeling of "gotcha" (and the risk of the deal falling through on walk-through) worth that? Not really.

My advice: Leave the better refrigerator. Then either talk to a lawyer or the broker at the agency you're dealing with to try to resolve some of the other ongoing problems.

Hope that helps.
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Debra (Debbi…, Agent, Livingston, NJ
Mon Jan 16, 2012
Without being specified, one would expect the refrigerator in the KITCHEN to be left behind, versus a secondary fridge in the basement, laundry room or some other location.

NO reason "to be difficult" happy you have a contract and a pending sale!

Best wishes..........
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Brenda Feria, Agent, Richmond, VA
Mon Jan 16, 2012
Ken, You may be legally in your right to leave the one you wish to leave. That being said, you do know which one they wanted you to leave. Contracts are more than just a piece of paper. There should have been a "meeting of the minds" during the negotiation period. You are asking this question but I suspect that you know the right answer.
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Ron Thomas, Agent, Fresno, CA
Mon Jan 16, 2012
I just answered your other question.
Stop it.
You are making your own life a horror story.
Leave the better one, don't say any more , and move on.

Good luck and may God bless
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Caroline Bar…, , Rancho Cucamonga, CA
Mon Jan 16, 2012
Hello Ken,

I imagine you're the seller and are referring to the buyer(s) wanting one refrigerator as part of the deal...Well if it is not specified in the purchase contract and/or counter offer(s) which one of the refrigerators you should include in the sale, then I guess you can choose and pick. If they argue then refer to the contract.

I feel bad for your experience; however, I also feel bad for the buyers since their agent should have specified clearly which appliance is included in the sale for them.

If you need any help in selling or finding your next home, please keep me in mind. Thank you.

Caroline Barooshian
Broker, Realtor
DRE #01067678
Cell 909-200-9280
Fax 909-999-5113
Day Creek Realty
0 votes
Mark Johnson, Agent, Upland, CA
Mon Jan 16, 2012
It may be best at this point to leave the one that is in the kitchen.
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Jennifer Bla…, Agent, Basking Ridge, NJ
Mon Jan 16, 2012
Typically the refrigerator in the kitchen is the one that is left. I suppose you could swap them out, but the buyer will know the difference. Don't punish the buyer for their realtor's actions....
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