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What is included in a Home Purchase - Can the Seller Take the Kitchen Sink?
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When you first
see a home that is listed for re-sale, it is often fully furnished.
There are pictures on the wall, drapes on the windows, and appliances in
the kitchen. The yard may be landscaped with potted plants and a
fountain. You may also notice a satellite dish on the roof. But if you
decide to buy the home, are all these things included in the sale? The Arizona Association of REALTORS® ("AAR") Residential Resale Contract specifies what items are included in the home's sale. Sometimes a seller will advertise that other personal property, such as a refrigerator, washer or dryer will be sold with the home. However, an advertisement is not a part of the purchase contract. Therefore, any personal property that is not included in the AAR Contract must be written in or it will not be sold with the home. This is true even if the personal property is included in the MLS listing. A REALTOR® can assist you in drafting a contract that covers the property to be sold to you with the home. But, if you are in doubt about whether any items are included, ask your REALTOR® - before you make an offer. K. Michelle Lind, Esq. Michelle is general counsel to the Arizona Association of REALTORS® (“AAR”) and a State Bar of Arizona board certified real estate specialist. She serves as the primary legal advisor to the association, provides legal direction in the development of standard forms, is involved in legislative advocacy, and assists in the association’s educational efforts. Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel. |
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