Appliances included in Seller's disclosure but then excluded (agent, contracts, agreement)
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We are about to close on a home next month, but I have a question about the appliances that were supposed to be included with the sale. According to the original seller's disclosure, the washer/dryer/fridge were all included with the sale. The asking price was already priced well, but we did go in with an offer that was just slightly less (approx 5K less). The sellers accepted the next day. A few days later after the papers were signed, the issue about the appliances came up. The sellers claimed that the appliances were included only if they had gotten their full asking price. Our argument was that the sellers never counter-offered; so the original seller's disclosure, which included the appliances, still applied. Our agent said we didn't have much of a case because only the signed contract (not seller's disclosure) is what really counts. We really love the house so we didn't want this to be a deal-breaker, so we signed the corrected papers. Should the appliances have been included since the sellers accepted our first offer without making any other adjustments??
Last edited by movemovemove; 01-27-2010 at 03:50 PM..
Contract did not include nor exclude the appliances. I assumed that the seller's disclosure that we signed would be good enough to show that they were included. The broker in charge was the one who told our agent that the seller's disclosure is NOT a contract, and that the A/S is the only thing that can state whether the appliances are included. If this is how they operate, I can see buyers being easily tricked/confused by getting a seller's disclosure that stated one thing and signing a contract that stated something else.
Our disclosure does not list appliances unless there is a problem with any that must be disclosed, such as stove not working. Any included appliances must be listed in the contract. Our contract has a standard list that stays by default, except refrigerator, wash, dryer. As mentioned, check with your agent, their broker, or an attorney for your situation.
The disclosure is not a contract. If they were not included on the AOS then they are not part of the deal. You can still try to negotiate for them but as of now they are not included. The only things that are included is a built in oven and dishwasher if any.
In our case, we are dealing with a relocation company, and we signed a separate sheet in the disclosure which listed items that were included as part of the sale. These items included things like the security system, dishwasher, garbage disposal, satellite dish, hot water heater, oven, fridge, washer, dryer, etc. The offer was made, accepted, and signed without any modifications to this sheet. Shouldn't the sellers comply to that sheet if they accepted our offer? If the offer acceptance was conditional, shouldn't they have come back with the changes before accepting our offer? Seems a little unethical to make it seem like these were included in the sale and make financial decisions based on those terms, then finding out it's not the case after you've already signed.
Last edited by movemovemove; 01-27-2010 at 07:01 PM..
In our case, we are dealing with a relocation company, and we signed a separate sheet in the disclosure which listed items that were included as part of the sale. These items included things like the security system, dishwasher, garbage disposal, satellite dish, hot water heater, oven, fridge, washer, dryer, etc. The offer was made, accepted, and signed without any modifications to this sheet. Shouldn't the sellers comply to that sheet if they accepted our offer? If the offer acceptance was conditional, shouldn't they have come back with the changes before accepting our offer? Seems a little unethical to make it seem like these were included in the sale and make financial decisions based on those terms, then finding out it's not the case after you've already signed.
Did they sign this paper? Everything you mentioned except the fridge, washer and dryer are considered fixtures and not appliances. They can not take fixtures as they are tied to the property via pipe connection, electric wire, etc. The washer, dryer and fridge are not and unless your agent includes them in the agreement of sale or an addendum for these items is signed, they are not responsible to leave them with the property.
Well it still depends on whether or not the disclosure is an addenda to the contract or not. I know our Oregon contracts state that if it isn't in the purchase and sale agreement it isn't part of the sale. Our disclosure forms are part of our contracts and assigned as addenda, so out here it would probably count as part of the contract. Not sure about your state, but if your agent doesn't know the answer then ask their principal broker.
Contract did not include nor exclude the appliances. I assumed that the seller's disclosure that we signed would be good enough to show that they were included. The broker in charge was the one who told our agent that the seller's disclosure is NOT a contract, and that the A/S is the only thing that can state whether the appliances are included. If this is how they operate, I can see buyers being easily tricked/confused by getting a seller's disclosure that stated one thing and signing a contract that stated something else.
Contract.
Contract.
Contract.
If you don't have it in writing, you don't have it.
I bet it says that in your contract, somewhere where it says, "This contract is the entire agreement....."
Full price, or no full price, disclosure or not.
Unless there is a law or regulation that gives it to you regardless of the contract.
This may be subject to local law, as George Chong mentions, but generally, your contract tells you what you are buying.
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