What happens if an item is listed in the MLS as part of the sale but not specifically stated as such in the contract?

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What happens if an item is listed in the MLS as part of the sale but not specifically stated as such in the contract?

Closing a transaction tomorrow and there is a dispute over a refrigerator. MLS listed the refrigerator as included in the sale but it is not specifically stated in the contract as included. Seller now wants to take it with him. Do the buyers have a case for it being included?

Asked on May 10, 2011 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have an attorney in this matter?  You really need to have one look over the contract for you before tomorrow.  In the meantime, read your contract.  There should be a printed clause in it that states what is included (such as appliances) or what is specifically excluded, and the refrigerator should have been written in.   Generally anything glued, screwed or nailed in is considered a "fixture" and comes woth the house.  Anything that can be picked up and takes - like unplugging a refrigerator - is considered personal property and goes with the seller.  Your reliance on the MLS statement could have some weight and give you some negotiating power to take some money back at closing.  But get legal help.  Good luck.


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