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Old 07-21-2011, 09:51 PM
 
1,472 posts, read 2,626,185 times
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Quote:
Originally Posted by rjrcm View Post
Again, it does not matter what the listing says or what tradition is. Also, an absence of negotiation does not matter if it's still in the contract. Only the contract matters (the listing is not part of the contract). Read your contract to find out what it says about appliances and what is required to stay.

You do have a copy of your contract, right?
We do have a copy. It just has a part in the beginning where it says appliances per addendum or sellers disclosure which at the time of contract sigs, there was none.

5 days later there was. It's fine.

It is what it is.
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Old 07-21-2011, 11:38 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,555,371 times
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Quote:
Originally Posted by twowolves View Post
We do have a copy. It just has a part in the beginning where it says appliances per addendum or sellers disclosure which at the time of contract sigs, there was none.

5 days later there was. It's fine.

It is what it is.
OK, then sounds like you don't get the stove.

And to answer your original question of whether this is common, it depends on the location. In AZ, it would not be common. The stove would be expected to stay, and is required by the standard contract.
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Old 07-21-2011, 11:52 PM
 
Location: Sacramento, Placerville
2,511 posts, read 6,282,452 times
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Typically, the stove stays. The fridge, washer and dryer go. Many government-backed loans require the stove to stay. Perhaps you can express that as a concern if you are getting a loan. Aside from that, in the past not many people took the stove. Since the housing market crashed sellers take the stove. And sometimes anything else they can unbolt. If the sellers don't take the stove someone with access to the lock box may just decide they want it. That happened to the house I made an offer on. Someone with access to the house stole the stove and it wasn't the seller. He no longer has access to the house. And it wasn't a new stove either, so I'm assuming it is one of the
"investors" that got a real estate license and decided to haul away the stove for one of his rentals.

And yes, I had it in the contract, along with many other things.
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Old 07-22-2011, 09:01 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,555,371 times
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Quote:
Originally Posted by KC6ZLV View Post
...And yes, I had it in the contract, along with many other things.
Right, having it in the contract is the first step, enforcing it is another issue.
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Old 07-22-2011, 10:05 AM
 
Location: Boise, ID
8,046 posts, read 28,420,707 times
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Quote:
Originally Posted by rjrcm View Post
Again, it does not matter what the listing says or what tradition is. Also, an absence of negotiation does not matter if it's still in the contract. Only the contract matters (the listing is not part of the contract). Read your contract to find out what it says about appliances and what is required to stay.

You do have a copy of your contract, right?
Off topic, since the OP already got their answer, but from what I have seen, what is in the listing does have some bearing.

If the contract just has in the standard language that, for example, all appliances are included, but the listing says that the fridge and stove are excluded and they were not there when the buyer saw the house, and it goes to mediation, the mediator is going to look at least somewhat at intention, and it could go either way. For example, if it was a forclosure, and didn't have an oven/range in it, and the listing doesn't say there is one, but no one catches that the standard language in the contract includes oven/range, no one expected the seller to install one. The intention is just that the buyer gets the appliances that are present. Of course, a smart listing agent/seller will counter, but sometimes people miss things.

Now, if it was hand written in, that contrary to the listing, the fridge and stove were to be included, that would be obvious what the buyer's intention was.

Again, this is just what I've seen in normal, day to day, business. In practice, at least in my area, agents typically go by what is on the listing when determining what is included. If there is a dispute, if the listing clearly stated something was excluded, the buyer usually backs down. However, legally, rjrcm is of course correct, if it isn't in the contract, it probably will not hold up in court. If intent isn't clear, the contract terms win. And if it winds up in court, the intent may not have been clear.

In this case, the listing and the contract match. So while it may not be what the OP thought they were getting, it sounds like it is pretty clear cut. If the contract says "per addendum or seller's disclosure", and property disclosure didn't match the listing, you might have a case. If I were an agent in an area where the contract said that, and the property disclosure wasn't available at signing, I would probably be making the listing "Exhibit A" and saying "All items listed in Exhibit A to be included" or some such.
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Old 07-22-2011, 11:25 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,555,371 times
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Quote:
Originally Posted by Lacerta View Post
...If the contract just has in the standard language that, for example, all appliances are included, ...
Good points. Our contract actually says "all existing fixtures", which is specified to include a free-standing range/oven among other things. So if the home did not have those specified appliances when the buyer signed the contract, then it's not an issue.
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