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

Dated: 08/12/2016

Views: 92

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!


See the whole post on Zillow

Latest Blog Posts

Everything You Need To Know About IBuyers And The Instant Cash Offer

Everything You Need to Know About iBuyers and the “Instant Cash Offer”Technology is changing the way we do almost everything, and real estate transactions are no exception. In fact, a new

Read More

National Snapshot Hows The Real Estate Market

National Snapshot: How’s the Real Estate Market?The U.S. unemployment rate is at a 50-year low, and consumer confidence remains high. In fact, the University of Michigan’s latest Surveys of

Read More

5 Step Strategy For Downsizing Your Home

5 Step Strategy for Downsizing Your HomeIn our “bigger is better” culture, there’s an expectation that each home should be larger and grander than the last. But life changes like divorce,

Read More

Will Your Remodel Pay Off The Best And Worst Ways To Spend Your Budget

Will Your Remodel Pay Off? The Best (and Worst) Ways to Spend Your BudgetPhoto Courtesy of HGTV.caMost new homeowners have something about their property that they want to change. And as family

Read More