Ask Phyllis: a blog series of frequently asked real estate questions.
Personal property is not included
Dear Phyllis,
I recently bought a home, and my real estate agent assured me that the washer, dryer, and refrigerator were included in the sale. The Zillow listing also stated that the appliances were included. During the final walkthrough, I saw them in place. However, when I moved in, the seller had removed them. Shocked, I contacted the seller’s agent, who told me the seller took the appliances because my agent failed to include them in the contract.
Had I known the appliances were not included, I might have submitted a lower offer to offset the added expense. At the very least, I would have purchased replacement appliances before moving in. Instead, I moved into the home without them and then waited weeks for delivery, which made settling into my new home far more difficult than necessary. Do I have any leverage with the seller or my agent to address this issue?
JJ
Dear JJ,
I completely understand your frustration and disappointment about the personal property advertised not being included. Finding yourself without key appliances like a washer, dryer, and especially a refrigerator can throw a wrench into that experience, leaving you unsettled for weeks while you scramble to replace them.
Unfortunately, I’m not an attorney, so I can’t offer legal advice. However, I can share some general insights based on standard real estate practices. Your real estate agent likely should have ensured the residential purchase agreement explicitly included the washer, dryer, and refrigerator because the seller represented those appliances as part of the sale. What’s written in the contract typically governs, regardless of verbal assurances or even what’s stated in a listing like Zillow. Listings serve as marketing tools and carry no legal weight unless included in the signed agreement. If your agent failed to list the appliances in the contract, the seller may have assumed you didn’t want them. Ask your agent why they left them out.
I am sorry this happened and wish you many happy years in your new home.
Phyllis
