Question: There were three refrigerators in the home and the MLS listing offering states “Refrigerator” is Included. The seller left two and took one that was in the garage. Buyers are saying they wanted all three.
Answer: In the REPC under section 1.2 you’ll notice by the parenthesis, All the items are in Plural. Refrigerators!
1.2 Other Included Items. The following items that are presently owned and in place on the Property have been left for the convenience of the parties and are also included in this sale (check applicable box): [ ] washers [ ] dryers [ ] refrigerators [ ] microwave ovens [ ] other (specify) The above checked items shall be conveyed to Buyer under separate bill of sale with warranties as to title. In addition to any boxes checked in this Section 1.2 above, there [ ] ARE [ ] ARE NOT additional items of personal property Buyer intends to acquire from Seller at Closing by separate written agreement.
Remember these items need to be conveyed by separate bill of sale at closing.
If the Refrigerator or Refrigerators were offered in the MLS offering, but the box in the REPC was not checked, unless the offer stated “Everything included in the MLS listing at the time of this offering is included”, then the Refrigerator (s) would not be included. The MLS offering is an advertisement, not a contract. Buyer must check the Box on the REPC to receive these items. However many agents have had to buy the item taken by Seller because the box was not checked, rather than battle with an angry Buyer. Remember to double check what’s offered in the listing, and make sure the items the Buyers are asking for are included in the REPC.