So which one rules, the Sellers Disclosure or the Data Sheet?
I have an interesting situation and I am curious to know what my other Real Estate colleagues think. So here it is:
The Seller checked off on the Sellers Disclosure that the Refrigerator was not defective. However the Seller did not intend for the Refrigerator to stay with the listing when the house sold.
The Data Sheet that the buyer signed on at the time an offer was made did not indicate the Refrigerator stayed with the house. The Data Sheet listed other appliances but not the Refrigerator.
The question is: Does the Refrigerator stay or does it go? Can the Seller legally take the Refrigerator with them when they go?
I want to know what you think. Why? Because I have talked with several Realtors and have gotten several answers. I will publish another post that will give the correct answer after you have a chance to respond to the question.
What does the contract say.
If the refrigerators is listed as a "conveyance", it stays. If it is omitted from the conveyances, it goes.
Neither any Data Sheet nor the listing report is between the parties. It's what was agreed as between the parties that rules. If the "data sheet" was signed or initialed by the parties and understood to represent the conveyances, then it has meaning.
Lenn "What Does The Contract Say" Harley
Hi Bob,
Well, I'm not an Agent in your state, but in California the Refridgerator would have to be included VIA THE CONTRACT... This means that regardless of all the other instances that the fridge is pointed to, if it was not written into the contract by the Buyers Agent, it is not part of the deal.
BUT, there also is the real-life school of thought; Do you want to maintain a good reputation amongst your peers & community? It may be worth your cost to make this right for the buyers somehow... Maybe a gift certificate to a local appliance store? I find that clients only remember how things "end" in a transaction, as opposed to all the things we remember throughout the entire process...
God Bless You,
Temple Schneider'Callahan
Bob, in Colorado there's no doubt. The sellers property disclosure states that Sellers indication of working condition has no bearing on whether or not the item in question is an inclusion. That's to be determined in the buy/sell contract.
Hi Lenn and Temple, You both make good points. The Refrigerator was not notated in the offer. Temple, I agree that I want to maintain my good reputation but this is a no win situation. The Seller is happy if it goes. The buyer and selling agent are happy if it stays. I want the seller to reccomend me to others and I will no doubt work with the selling agent again in the future. The Buyer may even decide to send someone my way one day too. It's not an easy situation to reslove becasue both the seller and the buyer think they are correct.
More to come on this later. Thanks for your comments.
I am with Temple on this one. If it is written in the contract, it stays. However, I have run into situations where the refrigerator was to stay and when the buyers took possession, it was gone. I have seen several agents who have had to buy appliances in their career to make things right. This is one reason I always have my buyers do a walk through three days before closing. I look forward to seeing what other have to say.
Jon and Terry - Thank you for your comments. I too have purchased various items over time to keep a good deal together. It is sometimes hard to know where to draw the line though. I appreciate your comments. May you never have to buy an appliance to keep a deal togather again.
The contract rules. More than once, when the MLS states there is no refrigerator, I will write one into the contract anyway. And, more than once, a seller and their agent overlook the inclusion of the refrigerator. I've had more than one seller or seller's agent buy my client a new refrigerator.
Douglas I would agree with you when it is written into the contract. However this was not written in and the selling agent thinks it should be included because it was checked as not defective on the Sellers Disclosure. The Buyer thinks it should be included too. The Seller and I think it should not.