QUESTION: Is a free-standing refrigerator included as part of the sale if it’s advertised in MLS but not identified in the Offer to Purchase and Contract?
ANSWER: No. Buyers and sellers are not MLS participants, and nothing in an MLS listing magically becomes a part of any contract between a buyer and seller. The Contract also specifically provides that it contains the entire agreement of the parties.
QUESTION: Is a utility building that is not on a permanent foundation included as a part of the sale if it’s not listed as an exception in the Offer to Purchase and Contract?
ANSWER: Yes. “Utility building” is on the list of items in paragraph 2(b) that the buyer and seller agree will be included as a part of the sale unless excluded if they are present on the property. The fact that the utility building is not on a permanent foundation is irrelevant in this situation.
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