What Controls: the MLS advertisement or the REPC?
February 12, 2020
Author: Kreg Wagner (UAR)
Often on the hotline I am asked about discrepancies between an MLS advertisement and the REPC.
Let me illustrate with a simple example. Listing REALTOR advertises the Sellers’ property. In the inclusions section, the Listing REALTOR marks that the hot tub is included. Buyer submits an offer that is accepted by the Seller. The REPC does not mention the hot tub. When the Buyer conducts their final walk-through, the Buyer notices that the hot tub is missing. Sellers have sold the hot tub to someone else on KSL.
Does the Buyer have an argument that the hot tub should be included based on the MLS advertisement?
With these facts, the short answer is NO. Ultimately, the REPC controls because it is the agreement between both parties. Remember, the MLS advertisement itself is not an offer. It is merely a solicitation for offers.
Let me give another example, Listing REALTOR advertises the Sellers’ property. The MLS advertisement makes it clear that the washer and dryer are EXCLUDED. However, the Buyer submits an offer that includes the washer and dryer as part of the REPC. Seller accepts the Buyer’s offer. What controls in this situation?
The washer and dryer are now included because the Seller agreed to include them in the REPC, even though the Sellers advertised that the washer and dryer were excluded.
Lastly, whenever there is any doubt as to what stays or goes, write it out. Again, when in doubt, write it out (to quote Curtis Bullock). If you have any other legal questions, please 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. if you have any additional questions or concerns.