I received a question today regarding conveyance in the purchase of a resale home, and thought it might be good to share:
Hello TeamBenya,
I hope you don't mind me direct messaging a question but I didn't know if I'd get answers I was looking for from non Realtors.
My question is this:
A listing agent fills out a MLS sheet on a property and list all items
on it to be included in the sale. If something is listed on there at
the time of an accepted offer(example: dishwasher , stove etc) and the
items are not there when you get the house because previous owners made
clear to listing agent said items are not included in the sale.
Who is responsible for the items because they were suppose to be included in the sale ?
I know some states make the Real Estate that listed the house
responsible for what is listed on the MLS . I was just wondering if
Maryland follows the same guide lines or not.
We are in the process of buying a house in Silver Spring (short sale)
and there are some things not in the house that was stated in the MLS.
If our offer is accepted I just want to know what rights I may or may
not have. Dont worry if theres only one or two things off the list I'm
not going to let it ruin the transaction , but if all the appliances
are gone or something to that affect I will be upset then. Hope I'm not
confusing you , but anyway I do look forward to your reply.
Thanks,
bunky
This is an interesting situation, please understand that I am not a lawyer, nor do I pretend to give legal advise/counsel. When purchasing a resale home through real estate in the state of Maryland, an MLS listing has a little disclaimer on it that says information is deemed to be "accurate, but not correct". It's a way to limit liability. How far does that go? I'm not sure, I've never been involved in litigation over inaccurate listing information, and hopefully I never will be.
The fact is that errors are made, and it's not clear if this is an error or not. Here's why: On page 2/11 of a MAR residential contract of sale, there should be a list of inclusions/exclusions that convey with the property. Are they listed on that form? If not, then there is indication they were not included in the sale.
If the agent was informed in writing that the items did not convey, included them in the MLS listing anyways, and you were not informed prior to time of contract, you may have reason to file a complaint.
Be aware that certain loans, such as FHA and VA programs, may require certain appliances to be in the home and in working order prior to settlement. If, for example, the stove is required by the lender, but not part of the sale, then there either needs to be a stove in the home at time of settlement. Who purchases and installs that stove is negotiable, but if a lender requires it, then not having it could be a problem.
Is the agent responsible for the error? Quite simply, I'm not qualified to make that judgement. I would suggest contacting the local real estate board that governs your region and speak to them. You may have grounds to file a grievance for mis-listing the property, and mediation to resolve the dispute may be necessary. Ultimately, you should talk to your realtor and/or lawyer about your options and see what the best course of action may be.
~Jonathan Benya- Realtor
Century 21 New Millennium
9405-A Chesapeake St
La Plata, MD 20646
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301-653-8116 - cell
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