Question: Does a Seller need to add a missing item ie: (Garage Door Opener), to a property if none existed when listing was taken and when property went under contract?
Answer: Section 1.1 of the REPC (Included Items) states the following: 1.1 Included Items. Unless excluded herein, this sale includes the following items “if presently owned and in place on the Property”: plumbing, heating, air conditioning fixtures and equipment; solar panels; ovens, ranges and hoods; cook tops; dishwashers; ceiling fans; water heaters; water softeners; light fixtures and bulbs; bathroom fixtures and bathroom mirrors; all window coverings including curtains, draperies, rods, window blinds and shutters; window and door screens; storm doors and windows; awnings; satellite dishes; all installed TV mounting brackets; all wall and ceiling mounted speakers; affixed carpets; automatic garage door openers and accompanying transmitters; security system; fencing and any landscaping.
If the Garage door opener did not exist at the time listing was taken, and was not present when Buyer made offer, the Seller does not have to add a new one, because it was not owned and in place on the property when the offer was made. If it was included in the MLS offering, then there may be a case for one to be included.