“Hi I’m buying a home and thought I was getting the washer, dryer, and refrigerator. Now the seller says she’s taking those items with her. We didn’t write them in the contract, but my agent says they’re included because the MLS specifically says the washer, dryer, and refrigerator are included. Who’s right?”
Answer:
Your agent should read the contract. It states clearly in Clause 8A:
“NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers, or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or C:”
The MLS (multiple listing service) and marketing materials are communicating an offer. They are not part of a contract.
You make items such as personal property part of a contract by writing them in your contract.
