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Since October 2009
The agent may have made a mistake, but you signed the contract (and more than once). It was probably an honest mistake on her part and you should have hand-written it in. The agent helps you fill out the forms, but the consequences are usually yours. I would contact the broker, however, I doubt there would be much actual legal liability for the agent since you had the opportunity to review the contract multiple times (in offer and counter offer) without the terms included and signed in agreement. Had you said "I'm not signing this without the applainces and warranty included" and the agent proceeded, that would be a different matter.
I am not a lawyer, and the above is merely a personal opinion. You should check with a lawyer in your jurisdiction for bonafide legal advice.
You and your agent are responsible. Your agent for not conveying, in writing, your terms and you for signing without reading what you were signing. The MLS is an advertising tool with accuracy disclaimers. It should never be relied upon as the truth and assumed to be part of the contract. You are buying what is written in the contract and believe it or not, there have been many occassions where the contract was written and a property closed that was not the buyers intended property. Without further details, I do not see the seller or their agent being responsible, a little shady at worst, but certainly not responsible if they honored the contract. I might suggest splitting the difference with the agent/brokerage and chalking it up as a lesson learned. You do not need to find yourself in costlier default issue with the seller.
We have not closed yet and we are talking about $3000 in appliances. Also, our counter was based on getting these items. So we are looking at a $7000 discrepancy. We are thinking of pulling out of the deal. We confronted the agent and she side stepped the issue. We are now going to her broker.
If this is was a bank owned sale, once it is closed, it would be difficult to recoup from the seller (bank). You might call the buyer's agents broker to find out if they would work with you on purchasing the home warranty. Otherwise, these warranties are not exhorbitantly priced. Check out a couple of them. AHS and HSA are two very good warranties. www.onlinehsa.com is the website for HSA. Google AHS and compare the two.
I hope you find this information helpful and best of luck to you.
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If the listing states home protection plan and appliances included, what do I need to do?
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A Listing offered HSA Home Warranty and all appliances included in the sale. We made an offer based on the FMV of the home and the items that we to be included. To our amazement our agent never put the items on the contract or the counter offer, so the seller sold them and is now not offering the home warranty. Do we have any recourse? If so, with whom? Our Agent or Seller?
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