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On a MLS they give a list of features i.e. Dishwasher, Electric Range, Water Softner......
On my MLS it also says Refridgerator, washer and dryer. Does that mean I am entitled to those???
In CA, it is totally like when you buy a car, and the maroney sticker says the car comes with power steering, floor mats, automatic door locks.
So for you real estate agents out there, can you please tell me if I am entitled to those items???
Thanks,
Liz
Whatever the MLS states that you get...refrigerator, dishwasher, home warranty, etc. IS what the seller intends on going with the house...HOWEVER, he is stating that you get these things WITH the listed price.
So...if your agent writes up the offer for $5,000 less than list price, make sure she includes all the extras so there is no misunderstanding as to IF you want them or not.
I agree with Vicki, that the offering is contingent on receiving list price. I would add:
You get what your contract says you get.
No more or less.
The MLS is not contractual between Buyer and Seller. It is a system of sharing listings between agents. Now, an agent needs to be careful not to be stupid about the MLS details, but if the Buyer doesn't ask for personal property in the offer, then it doesn't necessarily convey.
I am not an attorney, and if you need a legal opinion, you should consult your attorney.
If using the standard "Offer to Purchase and Contract," it and any mutually agreed addendums are described as the total agreement between Buyer and Seller in Section 22: "Entire Agreement":
"This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. "
I tell folks, "If you don't have it in writing, you likely don't have it. If you want the appliances, we will list them clearly in the Offer to Purchase and Contract."
I am not an attorney, and if you seek a legal interpretation of that clause to fit your circumstance, you should consult your attorney.
Locally, it is customary for a free-standing range to convey. "Customary" seems vague to me. If you want the stove, ask for it in the offer.
This is posted as an indication of how I write offers for clients. Again, I am not an attorney, and if you need a legal opinion, you should consult your attorney.
Okay thanks everyone. I paid full price for my home, and it says that all these things are in the "features". so I never saw the MLS until today, when I noticed those things, plus in the remarks section it also says those are coming with the house. When the contract was written up, the realtor asked if we wanted the washer and dryer, and the refridgerator was negotiable. So I didn't want to pay extra, so I never mentioned them. It is my own fault, I have only bought homes in CA, and whatever it says on the MLS, it better be in your house at the day of "final walkthru". I guess this isn't so in NC, so those of you out there buying, make sure that everything is written in the "contract" it doesn't matter if it is on the MLS. The thing that disturbs me is that it also says "water softner, range, dishwasher, outdoor speakers, storm doors" why don't we have to list those item by item in the contract. Why can it be a pick and choose kind of situation???
Okay thanks everyone. I paid full price for my home, and it says that all these things are in the "features". so I never saw the MLS until today, when I noticed those things, plus in the remarks section it also says those are coming with the house. When the contract was written up, the realtor asked if we wanted the washer and dryer, and the refridgerator was negotiable. So I didn't want to pay extra, so I never mentioned them. It is my own fault, I have only bought homes in CA, and whatever it says on the MLS, it better be in your house at the day of "final walkthru". I guess this isn't so in NC, so those of you out there buying, make sure that everything is written in the "contract" it doesn't matter if it is on the MLS. The thing that disturbs me is that it also says "water softner, range, dishwasher, outdoor speakers, storm doors" why don't we have to list those item by item in the contract. Why can it be a pick and choose kind of situation???
Ouch, dang it!
When you read the "Offer to Purchase and Contract," "Section 2. Fixtures" mentions items defined as fixtures.
"Section 3." refers to "Personal Property," without listing or defining personal property.
The items in the "Fixture" list tend to be attached to the property, customized for use with the home, integral to the function of the home.
Anyway...
When you wrote the offer, you described the home as you wished to buy it. Forget the MLS, or ask your attorney how binding it is and what recourse you may have.
I tend to be very aggressive, anal even, with clients in discussion of Fixtures and Personal Property, as I hope NEVER to have a client surprised at closing or final walk through.
It is difficult for folks from other states when relocating, as Real estate laws vary by state, and customs vary by state and county and city. I feel very responsible to learn what suppositions the client brings to the transaction before committing them to something they don't understand.
I'm truly sorry you had this issue and are discontented at what should be a happy time.
I'm sorry it wasn't explained better to you, Liz. Refrigerator and washer and dryer are considered "personal property" in NC. So, although the built in appliances are considered "fixtures" and you automatically get them (per the contract). To get something that is considered "personal property", you must ask for them in your contract. Hopefully by you pointing this out, you will help someone else on this Forum.
I always make a big point out of explaining these things to people, especially with new construction. Some of my clients that are relocating come from areas that the refrigerator is automatically added by the builder. Its not so here. Most sellers won't leave the fridge unless you ask for it in your contract. Seems silly to me. Why would you want to transport the fridge to another home, when the color may not match. Worse yet, why transport it out of state when you must pay by the pound?
Well its okay, I am over it now. I am glad we had this new thread though, because maybe someone will read it and when they are negotiating their contract they can say "hey I better pay special attention to this, and make sure I totally understand what is going on."
Well its okay, I am over it now. I am glad we had this new thread though, because maybe someone will read it and when they are negotiating their contract they can say "hey I better pay special attention to this, and make sure I totally understand what is going on."
This was a very good thread to start Lizardlips. I 'm sure it will help others who have similar questions. I just bought my very first home a few months ago and I too had a difficult time understanding what was included and what wasn't. Luckily our agent educated us on this and we did just like Mike and Vicki mentioned above, we made sure what we expected to convey was written into the contract so their wouldn't be any surprises at closing.
This was a very good thread to start Lizardlips. I 'm sure it will help others who have similar questions. I just bought my very first home a few months ago and I too had a difficult time understanding what was included and what wasn't. Luckily our agent educated us on this and we did just like Mike and Vicki mentioned above, we made sure what we expected to convey was written into the contract so their wouldn't be any surprises at closing.
Good luck with your move!
Thanks, just wish me luck in selling our home in CA, then everything else will be coming up roses. I can't wait to be your "neighbor".
Liz
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