If it was listed in the MLS listing, is it automatically part of my contract?

by | Jun 19, 2015 | Legal Tips

Often the MLS listing will state that the refrigerator, washer and dryer or television will be included in the sale of the house.  A contract is then later ratified without mention of the items to be included. When the house closes an argument ensues about whether or not the items were supposed to remain in the house.  Often, the real estate agent pays for the items out of their commission and everyone leaves upset. Luckily, this situation is easily avoided.

Items in the MLS listing do not transfer with the property unless it is specifically written in the sales contract.  The listing in MLS, which includes these items, is being made based on the buyer accepting all terms including the price in the listing.  When a buyer offers any term that differs from the MLS listing, the items are not included in the sale. Therefore, if your buyer wants an item to transfer with the house you must include it in the contract.  Following this simple solution will help you avoid paying for your buyer’s appliances and, more importantly, avoid you looking bad.

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