BIC TIP #1251: It Comes With… or Does It?
The listing says the house comes fully furnished. The fridge stays. The couch stays. The patio set stays. Or do they? Stephen Long reminds brokers that personal property only stays if the Offer to Purchase and Contract says so. Marketing promises are not binding on their own.
Marketing Is Not a Contract
You have seen the MLS remarks: refrigerator conveys with acceptable offer or all furnishings negotiable. It is a smart way to attract buyers, and there is nothing wrong with advertising it.
But according to Stephen, marketing materials themselves, including text messages, social media posts, flyers, and MLS marketing terms, are not binding on the buyer and seller. They are an invitation, not an agreement.
If It Is Not in the Personal Property Section, It Is Not in the Deal
The Offer to Purchase and Contract has a section specifically for personal property. That is where those items need to land. If the fridge, washer, dryer, or furniture does not make it into that section, there is no contractual obligation for the seller to leave it behind.
That can lead to an unpleasant surprise at the final walkthrough when the buyer discovers the beloved sectional sofa rode away in the seller’s moving truck. And without the contract language, there is not much the buyer can do about it.
Protect Both Sides With Clear Terms
Buyer agents, if your client is counting on certain items, list them specifically in the personal property section. Be clear and descriptive so there is no question about what is included.
Listing agents, it protects your seller too. A clear list prevents arguments about what was promised in a text message three weeks ago. If anything about the personal property arrangement is unusual or complex, check with your broker-in-charge.
The Practical Takeaway
If it is important to the buyer and the seller that an item remains, put it in the Offer to Purchase and Contract. MLS remarks, flyers, social posts, and texts do not make personal property convey. The contract does.
