Ask Phyllis: a blog series of frequently asked real estate questions.
Personal property not included
Dear Phyllis,
I recently bought a home, and my real estate agent assured me the washer, dryer, and refrigerator were included. The Zillow listing confirmed they were part of the sale. During the final walkthrough, I saw them in place. But when I moved in, they were gone. Shocked, I contacted the seller’s agent, who said the seller took them because my agent failed to include them in the contract.
If I had known these appliances weren’t included, I might have made a lower offer to account for my additional expense. Or, at the very least, I would have arranged to purchase replacements ahead of time. Instead, I moved in without these appliances and had to wait weeks for new ones to be delivered, which made settling into my new home much harder than it should have been. Do I have any leverage to address this with the seller or my agent?
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 that the washer, dryer, and refrigerator were explicitly included in the residential purchase agreement as they were represented as included in 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 are marketing tools and are not legally binding unless included in the signed agreement. If your agent didn’t list the appliances in the contract, the seller may have assumed you didn’t want them. Ask your agent why they were omitted.
I am sorry this happened and wish you many happy years in your new home.
Phyllis
