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Old 03-26-2008, 06:26 PM
 
1 posts, read 1,777 times
Reputation: 10
Thumbs down Can you change your mind and take an appliance listed on the sellers disclosure

My wife and I recently sold our house. Our realator had us fill out a sellers disclosure prior to listing the house. We indicated that the refrigerator and microwave were in working condition as per the question on the disclosure about appliances. We soon had 4 contracts on our house and decided to go w/ the one that offered more than asking price and waived all inspections. The writers of the contract had written in the spot where you list the things that you want included w/ the house "as per the MLS". We rented back from the buyers for 2 weeks before we found a house to buy. When we did find the house we wanted to purchase it did not have a frig or microwave included in the sale. We called our realator and asked if we could change our mind's and take the frig and microwave. He looked at the contract and indicated that we could due to the contract saying "as per the MLS" and the frig and microwave were not included on the MLS. The buyers are very upset and are threatening to take us to mediation if we dont' give them the fridg and microwave. Are we obligated to hand thee appliances over even though they were not listed on the MLS?
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Old 03-26-2008, 06:34 PM
 
Location: Cape May NJ
77 posts, read 209,069 times
Reputation: 44
Your realtor already answered that question. Apparently you aren't sure of his answer, if that's the case I'd ask an attorney. Even if you're advised that you're in the right, what if the buyers follow through with their threat and take you to mediation or arbitration. Is it worth it to you to go through that, both in time and money? Particularly in light of the fact that you actually did offer to include those items, maybe not on the "MLS" but somewhere. On top of that you received more than your asking price.
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Old 03-27-2008, 05:09 AM
 
Location: Pittsburgh, USA
3,134 posts, read 5,648,324 times
Reputation: 1032
^ I agree 100%
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Old 03-27-2008, 07:03 AM
 
Location: Amelia View
2,837 posts, read 7,458,970 times
Reputation: 2072
I also agree with WoodturnerMike and PeterRabbit. The cost to buy new appliances for your new home will be money well-spent -- not doing so and taking the old appliances may put you on a very, very stressful and bumpy road until you sit at the closing table. Even with waived inspections buyers can do much to complicate the process, and you need to ask yourself if it's worth it.
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Old 03-28-2008, 06:05 PM
 
2 posts, read 3,174 times
Reputation: 10
Default refrigerator and microwave take or give back

Having been in real estate over 20 years, where I come from the MLS printout should have a disclaimer at the bottom of the page that lists somethings like, "all information is deemed reliable, but not guaranteed." If you agreed to leave the appliances in the contract or on the paperwork you completed the appliances should stay with the property. You will waste more time and money with mediation and perhaps the buyers taking you to small claims court. Just buy yourself the new appliances. A signed contract holds more weight than the MLS printout. So shame on the selling agent for not asking for a deposit to be held, until you vacated the property. The release of funds may have made you decide to leave the appliances.
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Old 03-28-2008, 08:51 PM
 
Location: Polish Hill, Pittsburgh, PA
26,217 posts, read 45,870,912 times
Reputation: 11048
I agree with the others. It's time to buy a few new appliances. Best of luck!
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Old 03-29-2008, 11:01 PM
 
1,623 posts, read 4,230,921 times
Reputation: 393
Where do people get the nerve? If you put it on the disclosure, that means it's included with the property. Unless you misunderstood what you were filling out, why would you renege on a promise? Besides it already seems these people are being taken advantage of by buying a house w/o inspection, overpaying, and generously agreeing to allow you to rent back, either because they need the money or because they are just nice folks.

Either way, stop being such a cheapskate and buy some new appliances already.
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