Friday, February 5, 2016

Does the fridge convey if it was only mentioned in the MLS?

In Galveston many of our beach homes market they convey furnished and with all appliances.  The furniture is often the final negotiation and sometimes becomes an issue at closing.  It normally never fails that the day of closing or the walk-through, buyers and sellers are quibbling over non-realty items (personal property).  Always be sure it is clarified in your contract what is included and/or excluded.  Just because it is advertised in MLS as conveying, if the written agreement between buyer and seller does not state it conveys the seller may remove the property.

Here is a great article from the Texas Association of REALTORS clarifying this:

A seller authorized me to advertise in the MLS that her refrigerator conveys with the sale. But when she sold her property, her contract didn't mention the refrigerator at all, so she took it when she moved. The buyer says she should have left it since it was advertised as conveying with the sale in the MLS listing. Does the seller have to give the buyer the refrigerator?
No. If the signed contract does not state that the refrigerator conveys with the property, the seller does not have to leave it. Previous negotiations and advertisements, such as in the MLS, aren't enforceable like a contract signed by the parties. This situation is an example of why agents should help clients ensure all material items of prior agreements are contained in the signed contract.

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