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I represented the buyer in a transaction where the MLS indicated that the refrigerator was included, but after closing we realized that the sellers had replaced the stainless steel, side-byside refrigerator with a white, older model. Do we have any recourse?

The closing is based upon the terms outlined in the purchase agreement, and the purchase agreement supersedes the data posted on the MLS. You will first want to refer to your purchase agreement to make certain that the refrigerator was referenced as being included in the sale. If yes, you will then want to determine if the notation re: the refrigerator was specific as to the make/model of the appliance or whether it referenced something like “the stainless refrigerator that was in the kitchen during showings is included in the sale.” If the purchase agreement was not specific to the details of the refrigerator, then it becomes more gray and you will want to contact the MR Legal Hotline for an opinion (1.800.522.2820). It’s always a good idea to be as specific as possible in the purchase agreement, especially if there was more than one refrigerator in the home – such as a beautiful stainless model in the kitchen and an older version in the garage for storage of beverages. If not referenced in the purchase agreement, many agents over the years have found themselves opting to chip in on the cost of an appliance to save a client relationship.

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