I wrote a post a week ago asking your opinion on who gets the refrigerator. I said I would post the correct answer later. Well it's later.
As you may recall the Seller checked the condiation of a refrigerator as not defective on the Sellers Disclosure but it was not intended to be included in the sale of the property. When the buyers agent wrote an offer that was accepted the refrigerator was not included in the offer.
The Buyers agent later said that because it was checked on the Seller Disclosure as Not Defective, it became a part of the sale and would have to be left behind by the Seller's. The Seller's disagreed with that.
Well here is the answer according to the legal counsel for the Indiana Real Estate Association.
Personal Property must be specifically addressed in a purchase agreement in order for said personal property to be considered part of the agreement. Even if the Seller disclosed the condition of the personal property on a Sellers Disclosure. The purchase agreement is the deciding document in such matters. Not the Sellers Disclosure or not even a detail sheet from the multiple listing service.
So if your client would like a seller to leave behind personal property it must be specifically addressed in the purchase agreement.
If you would like to see the previous post related to this question please follow this link:
http://activerain.com/blogsview/1275668/so-which-one-rules-the-sellers-disclosure-or-the-data-sheet-
