that it goes to the seller in a contract, Is the buyer actually entitled to the refrigerator. I am actually going through this right now.
2006-08-23 16:39:27 · 4 answers · asked by klay43701 1 in Business & Finance ➔ Renting & Real Estate
I MEANT THAT IT GOES TO BUYER IN CONTRACT-IT WAS NEVER WRITTEN IN.
2006-08-23 16:40:20 · update #1
The listing does not matter. What does the purchase contract say?
If the contract is silent, what matters is whether the refrigerator in question is appurtenant to the land or not.
If the refrigerator is built in, it's probably appurtenant.
If it's just sitting there, it's personal property and may be removed.
Of course, whatever the court says is final. But it's not likely worth going to court over. Much cheaper to buy a new refrigerator, unless it's some $25,000 wonder fridge.
2006-08-24 04:22:04 · answer #1 · answered by Searchlight Crusade 5 · 0⤊ 0⤋
Is the house selling "as is"? Are there any other appliances included in the purchase? Generally if the appliances are not built-in, the buyer does not get them with the "house" but has to make a separate offer on them to purchase them from the buyer.
I'd say the buyer's agent goofed - he should have carefully reviewed the contract to see what is listed. If the fridge isn't on the list, thus not in writing, I don't see how the buyer can assume it goes with the house.
Of course, your agent did the listing, so perhaps the buyer has a point that your realtor screwed up and put something on the listing that wasnt' part of the house. I would hold the realtor responsible.
Keep things calm, see if you can negotiate a cash payment for the fridge.
Good luck...
2006-08-24 01:24:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The listing is an invitation to make an offer. The contract exists when the offer is accepted and consideration (money) has been exchanged.
When you submitted your offer, did you include the full description with the refrigerator? Did they accept that offer? The offer and acceptance have to be for the same thing.
If they counteroffered, then did they include the fridge in the counter offer, and did you accept that? Complicated!
2006-08-23 16:45:41 · answer #3 · answered by Catspaw 6 · 0⤊ 0⤋
everythying in real estate must be in writing . if it is written in , then it is included .........if not .........oh well .........
good luck !
2006-08-23 16:41:41 · answer #4 · answered by BIGG AL 6 · 0⤊ 0⤋