Updated February 2017
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.
Are the sellers obligated to repair the refrigerator?
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