Hotline callers frequently ask what happens when the MLS lists personal property as part of the property for sale but sellers subsequently refuse to give up the personal property. For example, the MLS lists a refrigerator as part of the property for sale, but the seller insists he is taking it or that the price of the refrigerator is not included in the asking price.
Ultimately, the sales contract controls how that personal property will be treated. Therefore, a buyer’s agent should always attach the signed Non-Realty Items Addendum to Contract form (TXR 1924) to ensure the buyer has a claim to the personal property in the sales contract.
Prohibitions against misleading advertising in the Real Estate License Act, TREC rules, the MLS rules, and the Code of Ethics may provide avenues for redress against listing agents who advertise personal property in the MLS despite knowing the seller does not intend to include that personal property in the asking price.
Iman Ali, associate counsel
Clarification:
When an agent checks the box in the MLS fields section, is that the possible misleading advertising? Or, is it when it is mentioned in any of the remarks?
To help avoid problems, listing agents should make sure that the signed listing agreement includes those personal items before putting them in the MLS.
Should the seller change their mind perhaps because of a lower offer it should be clearly noted on any contract that those items are not included in the contract.
The MLS sheet just says App/Equip. This may show dishwasher,hot water heater etc. It does say that everything on their conveys. That is why you have a realty item addendum
I had that happen to me when I represented a Seller and he didn’t get the asking price that was on the mls and he said that had he gotten the asking price that was on the mls then he would have left it. Always best to put it on a non-realty items addendum.
What if there is a rider sign that states “Pool/Spa” but the seller does not intend to include the spa in the sale, and excludes it in the MLS listing?