I recently wrote a blog concerning this subject. Today I want to take it one step further and off in a different direction. Generally, the purchase of a home includes the purchase of all fixtures, but does not normally include personal property, such as a refrigerator and/or washer/dryer.
If the Buyer wants the refrigerator or washer/dryer, the buyer should check the applicable box on line 40 of the Residential Purchase Contract. Furthermore, these items should be described more in detail on lines 41-42 of the contract.
But what happens if in the MLS a Seller lists refrigerator and/or washer/dryer conveys with the premises and the Buyer does not check the box(es) on line 40?
Since the Contract has control over any advertising or any listing information, the Seller would be entitled to removed the frigerator and/or washer/dryer.
Remember, if it's not in writing, it's not part of the Contract.
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