Is the Refrigerator Included?

All real estate is local. Its standard or customary for sellers to include washer/dryers in one market, but the buyers need to purchase a refrigerator in other markets. In Georgia, our Seller’s Property Disclosure Statement, should identify which items are or are not included with the sale of the property.

Instructions on how to properly complete Section 13 of the Seller’s Property Disclosure Statement is listed below:

The Seller’s marked the Refrigerator and identified “2 Small”, out to the side.

My clients and I assumed the main refrigerator, along with the 2 small wine refrigerators, were all to be included with the sale of the property. During our walk-through, my clients and I failed to notice the main refrigerator was missing from the property. We proceeded to closing. I provided my client with a house warming present, which included a bottle of champagne. You can only imagine the look on her face when she walked in her new home, reached for the refrigerator door, only to find an empty space in the kitchen.

Of course, she immediately called me and I was and still am completely embarrassed about the situation. How could I have missed this item on the Disclosure Statement? Did I miss this item on the Disclosure Statement? The Seller’s intended to convey the 2 small wine refrigerators, but not the main frig. They should have properly disclosed this on their statement.

Who is responsible for replacing the Refrigerator? Well, legally, the Sellers disclosed “all refrigerators” are to be included with the sale. If we had noticed the main refrigerator was missing during our walkthrough, then this issue may have been averted. But it wasn’t, and we now know the Sellers made an honest mistake, and I did too. So I’ll ask again, “Who is responsible for the refrigerator?”

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