The Seller Took The Washer And Dryer And I Thought They Were Part Of The Purchase

The Seller Took The Washer And Dryer And I Thought They Were Part Of The Purchase

Q: I know it sounds trivial, but just closed on a house, the seller wanted 45 day close instead of 30, wanted her mothers old chandelier all fine, we signed an addendum stating such. Not to mention her agent was not at anything accept the closing, the seller was at the house during the appraisal, during the home inspection with her 3 yappy dogs not being quiet for 5 seconds. We were under the impression that all appliances stayed, but when we did the final walk through the washer and dryer were gone. We were told that because on the original MLS it said nothing about the washer dryer we were out of luck, mind you we had spoke about the washer and dryer as we did not see it, the brand color etc it as when we looked at the house the owner and the dogs were always there, the dogs were always penned up in the utility room hallway and kitchen so we did not see them, are we just out of luck?


A: arose007,

Been there done that. Here's the reality - it doesn't matter what the MLS says. It matters what your Purchase & Sale (P&S) document states. 


If the washer and dryer were listed in the P&S, then they need to convey with the property. If the washer and dryer are not listed in the P&S, even if they are listed in the MLS, they do not convey. 


The P&S is the ruling document as to what stays and goes when it comes to appliances. Appliances are technically personal property and do not have to convey - only "fixtures" convey and those are items that are glued, screwed, or adhered in a manner meant to be permanent... and there are plenty of interesting court cases on the definition of a "fixture".


So... are you out of luck? Only your P&S will let you know. When it comes to purchasing contracts, what gets written in to the contract is incredibly important.


Good Luck!


Ryan





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Phone: 508-524-1754
Dated: August 12th 2016
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