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Appliances included in Purchase Contract

We recently sold our home and are a few days away from closing. We stated in our listing that appliances were included, but didn't specify which ones (we have two sets of stoves and fridges). We took the newer appliances with and are leaving the older appliances in the house (which still work great), our agent is telling us that we have to leave the newer ones and take the older ones, but the exact appliances the buyer wanted included were not specified in the contract. Are we obligated to leave the new ones?
  • August 20 2013 - Milwaukee
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Answers (6)

The buyers will expect that the appliances that were installed and in use at the time of the offer are the ones that are to be left.
  • August 20 2013
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Profile picture for user7297944
We did receive multiple offers, and only (1) specified that the appliances included were the ones currently in the kitchen (the other appliances were in our basement), the offer we accepted didn't specify which ones. We had told our realtor before the house went on the market that we'd prefer to keep our newer ones, but if someone wanted the new ones, we would be okay with that. Our agent told us that the buyer had to specify the exact appliances to be included and now the agent is going back on their word.
  • August 20 2013
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Real Estate Agents are really not allowed to comment on contracts and are not licensed to give legal advice. I can of course tell you how I handle such a situation. I write in a brief description of the appliances in the offer such as, "Maytag Stainless Steel Stove and refrigerator." If the appliances are upper grade models I will add in the model number. ALWAYS REDUCE THE DETAILS TO WRITING!!!! An extra minute of time can eliminate a lot of confusion along the way. 
  • August 20 2013
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When the buyers do their final walk through the morning of or the day before the closing, they may notice that you switched the appliances.  This may cause a delay in the closing or possibly worse.  The buyers agent should have specified the make and model of the appliances in the contract due to there being more than one in the house.  I would listen to your agent and leave the appliances that the buyer would expect to be there.
  • August 20 2013
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Profile picture for wetdawgs
The appliances you need to leave are the ones that were in place when the buyer toured the property even if the specific appliances were not specified in the contract.   Substituting with the older appliances that were in the basement is not leaving the house in the condition that it was when the buyers toured it and inspected it.

So yes, you are obliged to leave the ones that were in place at the time of offer.
  • August 20 2013
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And if you're wrong, you will hear about it at the walk through. This could potentially hold up closing. Personally, I've heard stories about buyers who thought the were getting one refrigerator and ended up with the beer refrigerator from the garage. They were not happy.
  • August 20 2013
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