Items of Personal Property
June 1, 2018
The Real Estate Purchase Contract (“REPC”) should clearly memorialize the agreement between the Buyer and Seller. Let me highlight an area that can create some confusion. Very often, a Seller will advertise on the MLS certain inclusions. For example, refrigerator included or washer and dryer included. Please be aware that the MLS advertisement alone does not obligate the Seller to convey these items of personal property. The REPC controls. The MLS advertisement is not an offer in and of itself. It is merely a solicitation for offers.
So Buyers need to be mindful to include the items in the REPC or use the UAR’s Personal Property Transfer Agreement & Bill of Sale. This is where an experienced REALTOR® can be of great help. If the Buyer wants the refrigerator, then it needs to be included in the REPC. If the REPC fails to include the refrigerator, then the Seller is free to take it from the property, regardless of the MLS advertisement that stated that the refrigerator was included.
If you have questions about the REPC or personal property, feel free to call the UAR’s Legal Hotline at 801-676-5211 on Monday, Wednesday, or Friday from 8:30 a.m. to 4:00 p.m.