Items on MLS were not left in home by seller

What is the name of your state? Ohio
The MLS sheet said washer and dryer included but when I took posession of the house I saw that the seller took the W & D with her. It was not on the contract and I asked my agent about it. She said that since it was on the MLS it automatically stayed in the house. Legally who can I go after? The manager at the realty service I used said that my agent should have put it in the contract. Is the seller in violation since one of the selling points of the house was that I wouldn't have to buy a w & d?

[HomeGuru]

Originally posted by kab17
What is the name of your state? Ohio
The MLS sheet said washer and dryer included but when I took posession of the house I saw that the seller took the W & D with her. It was not on the contract and I asked my agent about it. She said that since it was on the MLS it automatically stayed in the house.

**A; Agent is wrong. MLS listing sheet means nothing. You need to go by what is on the contract.
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Legally who can I go after?

**A: your negligent real estate agent and brokerage company.
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The manager at the realty service I used said that my agent should have put it in the contract.

**A: I concur so ask the agent to buy you those appliances that she failed to list as an inclusion in the sale.
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Is the seller in violation since one of the selling points of the house was that I wouldn't have to buy a w & d?

**A: no, because the Seller performed pursuant to the terms and conditions in your contract.

Thanks for your advice. In fact, the agent contacted me today and wants to purchase a used washer and dryer for me. See wants to pick it out for me. I have a problem with this and I want to choose them for myself. If the washer or dryer breaks down will my home warranty cover it?

[HomeGuru]

[quote]Originally posted by kab17
[b]Thanks for your advice. In fact, the agent contacted me today and wants to purchase a used washer and dryer for me. See wants to pick it out for me. I have a problem with this and I want to choose them for myself.

**A: then tell her that and DO NOT let her control you. You have already suffered enough due to her negligence, incompetence and stupidity.
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If the washer or dryer breaks down will my home warranty cover it?

**A: it should. To be sure call the toll free number on your warranty papers and ask the nice customer service people.