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It sounds like we're out of luck.
We signed the disclosure and the offer at the same time. Since this was done simultaneously, it almost seemed like an addenda that we signed. Next thing we heard was that the offer was accepted without any conditions. We didn't have to sign anything else since they accepted our only offer, then a few days later, we're told that the washer/dryer/fridge would have only been included if they had gotten full asking price. We just feel like they pulled one over on us...but it doesn't seem like there's much we can do.
What if a pool heater was included in the items on the seller's disclosure but upon inspection the pool heater was not in the house?
In your state, does the Seller's Disclosure Statement indicate what is being conveyed with the property? If so, you need to ask the Seller(s). Perhaps there was a misunderstanding and there was never a pool heater and the Seller(s) mistakenly marked it on the form? Was there evidence that a pool heater existed?
Had the same exact issue with the home I just bought. Disclosure statement included all appliances but MLS sheet and contract listed only 3 of them. Sellers said they are only going to leave the 3 that were listed. I was mad initially then realized that the law wasn't on my side and the home was too awesome to let go over minor issues.
For next time (whenever that is..) I am going to make sure I have it all in the contract.
it boggles my mind when I hear of contracts in other parts of the country that do not explicitly break things like these down. my contracts have a section which clearly states conveying/non conveying. if the conveying items are of significant value and/ desire, we'll go further in description to include p/n or attached photos.
it boggles my mind when I hear of contracts in other parts of the country that do not explicitly break things like these down. my contracts have a section which clearly states conveying/non conveying. if the conveying items are of significant value and/ desire, we'll go further in description to include p/n or attached photos.
lol, I was thinking, wow, so similar to the MRIS contract and then I saw your location. You're right, I cannot imagine without this section of the contract. I can't imagine the appraisal process without it.......we would be constantly requesting corrections to the report. I can't remember the last time I had a dispute.......if anything, the only problem I have had with this contract is requesting personal property be removed from the contract and put on a bill of sale because people got too enthusiastic with the "other" section.
As much as everyone complained, the contract revisions have only improved the process.
In Texas, the washer, dryer, and fridge are personal property. They do not automatically come with the house like a stove, oven, or built-in microwave. A microwave on the counter is personal property.
Our disclosure notice also states something about even if it's in the disclosure, it doesn't mean it conveys with the property. A disclosure is just a disclosure, not a contract, so you can't agree to include or exclude items in the disclosure contractually. Yes, people will put stuff there as their notice, but the contract still would have to state those items.
What if a pool heater was included in the items on the seller's disclosure but upon inspection the pool heater was not in the house?
Then when it was discovered "missing" during your final walkthrough before closing, it would have to be replaced by the seller or they're violating the agreement.
Then when it was discovered "missing" during your final walkthrough before closing, it would have to be replaced by the seller or they're violating the agreement.
The pool probably never had a Heater and the Disclosure was just mismarked.
Pools don't normally have heaters unless there is a built in spa.
If it never existed, the seller should be forced to add one ? No.
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