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

by | Dec 11, 2018 | Legal Tips

I have been asked to re-post this Legal Tip from 2015.

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.

last week we celebrated our 4 year anniversary of providing high class legal services in a fun & creative way! Throughout our 4 years, Blair Cato and our attorneys have been recognized for our outstanding ability to make all things legal services fun!! Some of the awards we have received include: Best Law Firm in SC (2017-2018), Best Attorney in SC (Rex Casterline, 2017 & Cynthia Blair, 2018), Closing Attorney of the Year from BIA Gary Pickren 2016 and 2018), President’s Excellence Program Award from CCRA (Gary Pickren, 2018), and #19 in SC’s Fastest Growing Small Companies (2018).

We do it all: from real estate closings, business transactions, labor/employment law, to estate planning & probate! However, we would not be where we are today without the 40+ employees in both our Columbia & Greenville locations and the following individuals who have been with us from the start: Kris Cato, Steve Lenker, Jordan Stallings, Crystal Prescott, Donna Matthews, Joyce Bushorr, Amy Woolwine, Laurie Dunlap, Shatarri Howard-Willis, Casey Goldsberry, Amber Spears, and Dan O’Connell.

Thank you everyone for being a part of our successful journey! We look forward to many more years working together!!

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