Updated February 2017

FACTS:

The MLS provides that the refrigerator is to be transferred with the property.  The contract provides that the refrigerator is transferred at closing.  The refrigerator stopped working pending the escrow.

ISSUE:

Are the sellers obligated to repair the refrigerator?

ANSWER:

Yes.

DISCUSSION:

In the facts presented, the refrigerator was operating as of the date the contract was signed but stopped working pending escrow.  The AAR contract at Section 5a provides that the existing personal property included in the sale will be in substantially the same condition on the date escrow closes as it was on the date the contract was signed.  Since the refrigerator was working on the date the contract was signed, it must also be working at the closing.  The seller is therefore obligated to repair the refrigerator.

Arizona REALTOR® Magazine – March 2012


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of Arizona Real Estate: A Professional’s Guide to Law and Practice.
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.