Oops, It Looks Like the Buyer's Agent Made Another Mistake
A couple of weeks ago, I wrote a post entitled, Is Your Buyer's Agent Qualified to Represent You?. This is an addendum to that post.
On Saturday, while out showing properties, I got a text from the above referenced agent. It read:
Buyer's Agent: They took the refrigerator!
Me: That's right, it wasn't in the contract.
Buyer's Agent: All appliances were suppose to stay unless otherwise stated, and they didn't specify that it wouldn't stay. So what do we do about it?
Me: No, the listing did not say all appliances stay.
Buyer's Agent: It didn't say that the refrigerator didn't stay and normally when a refrigerator doesn't stay, it specifically says that and nothing said anything about the refrigerator not staying.
Me: The MLS listing did not have the refrigerator listed as staying.
Appliances are considered personal property. Personal property does not stay unless it is permanently affixed in someway to the home.
Appliances that commonly convey with a home in Tennessee are the stove, dishwasher and microwave. The refrigerator, washer and dryer do not stay, unless, specifically mentioned in the MLS listing. Besides, the MLS is not a contract. All items that the buyer wants must be listed on the Purchase and Sale Agreement. If it's not listed, it doesn't have to stay, even if, it's listed in the MLS.
The listing stated that the stove and dishwasher were staying. The refrigerator, however, was not listed. Oops, it looks like the buyer's agent made another mistake.
Normally, this would have been caught during the final walk-through. Unfortunately, the buyer never had a final walk-through. Why? Because his agent waived it.
This buyer had requested a quick closing in his offer because his interest rate was set to expire on 1/31/2012. That meant the seller only had 13 days to move. The seller was unable to move in that time frame. The buyer granted the seller an additional 10 days in their offer in order for the seller to move.
The day before the closing, I contacted the buyer's agent to schedule the final walk-through. She stated her client wouldn't be doing a final walk-through since he wasn't moving in for 10 days. Essentially, he waived his right to a final walk-through.
Had they performed the final walk-through, the buyer would have caught that the refrigerator was not staying. Oops, it looks like the buyer's agent made another mistake.
I'm not sure what happened in this particular case. However, if I were the buyer, I would have insisted the buyer's agent buy me a new refrigerator. Why? Because she had not looked at the MLS listing properly and had told the buyer it was staying. It was her mistake and, therefore, she should have made good on it.
Buyers, make sure you have an agent who knows how to submit an offer properly and read a MLS listing so this doesn't happen to you. Otherwise, you might find yourself saying:
Oops, it looks like the buyer's agent made another mistake.