photo bigchill.com
 

Can a seller take an appliance that was supposed to convey?

I listed a home for sale, and the seller authorized me to advertise the property in the MLS with the refrigerator conveying as part of any sale. After considerable negotiations, the property was sold. There was nothing noted in the contract about the refrigerator, and the seller took the refrigerator with him when he moved. The seller contends that since he had to reduce his asking price and the refrigerator was not included in the contract, he was entitled to keep the refrigerator. The buyer is upset and threatening suit. Is the seller obligated to let the buyer have the refrigerator?

Courts will usually not permit the admission of evidence about advertisements, agreements, or negotiations that would vary the terms of a written real estate contract. It is likely that a court would not permit a buyer to introduce evidence about the prior advertisements or negotiations involving the refrigerator that would be contrary to the express terms of the written contract signed by the parties. Under the facts stated in this question, a court would probably permit the seller to keep the refrigerator.
houston heights real estate housing market homes for sale buying selling inner loop properties houston texas tx OPEN Houses 1545 Heights Boulevard, Houston, TX 77008 77007 77009 houston heights realtor Woodland Heights Norhill Sunset Heights HISD Hogg Middle School IB Program Harvard Elementary Hamilton Middle School Reagan