Over on a social network there has been a lengthy discussion regarding appliances and the sale of a home that I thought it would be important to discuss.
This discussion was started by a home buyer that thought that the appliances were included when they wrote the contract and were surprised to be asked if they wanted to purchase them just before closing. During the time they toured the home it was discussed that the appliances were included. But their Realtor did not write it into the contract.
What you offer on a Western New York home is dependent on many things. Do you want to offer above or below the asking price? Do you want the appliances included?
Read Also: Is your Buffalo Realtor® telling you what you need to hear or what you want to hear?
The buyers are understandably upset. Don’t let this be you!
This is an important issue, because many times buyers are cash strapped right after a purchase, so having appliance included could affect their offer price. Or they may be remodeling and do not want them. Some people do not want to use appliances that someone else has used.
Read Also: Deciding on what to offer on the home you want to purchase…
What is included in the Sale of a home?
What is and is not included in the sale of a home is completely dependent on the SALES CONTRACT. If it is listed on the Sales Contract, then it is included in the sale. The same said if something is clearly defined as excluded in the sale.
Yes the appliances may have been listed in the MLS listing sheet, but in the court of law it is the Sales Contract that is the final say. So if you are writing a Sales Contract make sure that you clearly define what is and is not included in the sale.
What if this happens to me?
So back to our couple that thought that they were getting the appliances and are not. Do they really have any recourse? Well yes and no. Speak with your Real Estate Attorney. But the Attorney did not write the initial contract, they will go back to the contract that they were given. The law is clear — is it in the contract or not.
They should also speak to their Realtor, I have known several Realtors that have purchased appliances because they were wrong. If you do not feel that you have resolution with the Realtor you can speak with their Broker and then their Professional Association.
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