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-
I ALWAYS specify the personal property being conveyed.. I agree 100%. Also, I have a line which states what is being EXCLUDED! This seems to get the seller to say oh, XXX is NOT included - right up front.
I do the same as Joan..
Joan and Judi. I do the same. I wish the buyers agent had too. It then becomes another negotiation because in this case the buyers were willing to walk away if they didn't get the fridge and it seemed the seller was too. We eventually got it worked out though.
I can't imagine someone arguing the other side. Even when people white something in the description on the listing like, "fridge stays" or "washer and dryer to remain", I still write it into the contract so there are no misunderstandings.
IN WRITING IN THE PURCHASE OFFER is a good thing. I've seen several misunderstanings over personal property. Mostly just led to bad feelings instead of axing the deal, but still another straw on the camel's back that is easily avoided.
Usually comes up when I ask if the refrigerator is staying so I know whether or not to inspect it.
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Bob..thanks for the information. This is an area where assumptions can make a deal turn sour...
Donna Erby and Pat. - I couldn't imagine someone arguing against either, but they did. I too think if it's not in writing it shouldn't count and it did result in bad feelings. I am glad that I cleared this up for my own use in the future. I appreciate all your comments.
Isn't Active Rain a wonderful place?
Bob, we use an inclusion/exclusion sheet that becomes part of the contract. If it's not detailed on the sheet it's not part of the transaction. So many people think when a seller is downsizing that the $3000 riding mower should stay behind as the seller isn't going to need it in the condo he's moving to, or that extra refrigerator.
So Bob, in the end who did get the frig? If you can say.
Ed - You are so right. It's funny how people sometimes rationalize things.
Sussie - The Seller left it. They didn't want to lose the deal. They also aren't very happy right now. The Sellers were also a little more adverse to doing anything as a result of the home inspection as well. It is fanally settled but I don't think anyone has that good feeling about buying or selling they could have. I am thankful I have some pretty good sellers to work for.