MLS Says Refrigerator Stays But Agent Missed Offer Inclusion

mls says refrigerator stays

Nobody knows exactly how every agent deals with the mishap when MLS says the refrigerator stays but the agent missed including the refrigerator in the offer. I imagine some agents change their phone number and never get out of bed again. Reiterating that MLS says refrigerator stays is no basis to defend the selling agent’s actions. The selling agent is supposed to know that a refrigerator is personal property. It does not convey with the real property. Personal property and real property? Two different things.

A very expensive lesson for some buyer’s agents to learn. What do they do when the buyer says: hey, where is my refrigerator? The seller moved and swiped my refrigerator. You told me the refrigerator stays because MLS says refrigerator stays. And now the refrigerator is gone.

This always ends with, “and I want you to get it back.” Trust me, they do not care how the agent gets that refrigerator, either. The agent can steal it from her neighbor, go get it from the seller, or buy a brand new refrigerator from Lowes as a house-warming present.

I can tell you that I’ve had buyers sign an addendum with the seller agreeing, for example, that the washer and dryer will stay at no consideration and no warranty. Then sure enough, the seller takes it. Well, buyers have a legitimate gripe and should pursue the seller. Most likely the seller’s movers did not pay attention to what stays and what goes and just took everything. They can bring it back.

However, when a buyer is under the impression that because MLS says refrigerator stays yet the buyer’s agent forgot to include it in the offer, somebody is responsible for this. Who do you think it is? Your choices are as follows:

  1. listing agent
  2. selling agent
  3. buyer
  4. seller
  5. MLS

Well, I would say it is the selling agent. (If you agreed with me, you are a smart cookie.) Followed by the buyer because, let’s face it, buyers should read their purchase contracts and take control of the buying situation. It’s their danged house. But we all know they rarely do. They hear what they want to hear.

I noticed when reviewing the paperwork for one of my listing sales recently, a buyer’s agent had asked for the home warranty to cover the refrigerator, washer and dryer. That looked odd and out of place. Sure enough, the buyer’s agent did not ask for the appliances to stay with the property. I let the agent know that perhaps his buyer did not want to start paying for extra home warranty coverage on appliances she does not own.

The agent, realizing the snafu, then said it would be appreciated if the seller left the refrigerator because it looks so cool in the kitchen. Right.

Elizabeth Weintraub

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