Personal Property Featured in MLS Listing

[camstr27]

My offer to buy a home included an inspection contingency, and one of the items that warrants repair is the refrigerator. Although considered as a personal property, this item was featured in the MLS listing when I made the decision to purchase the property.

The seller refuses to address the repair of the refrigerator. Do I have any legal recourse?

 

[HomeGuru]

Generally it does not matter if the refer was listed on the MLS. What does matter is that the refer was listed on the purchase contract as an inclusion and thus part of the sale. If the purchase contract was silent on this issue then you could go back to the MLS listing. The issue that you have is not whether the appliance is included in the sale but who is responsible to repair it. There should be a clause in the contract something to the effect that "all appliances, electrical and plumbing systems should be in working order consistent with its age". You could also reference the home inspection approval contingency. You do not approve of the condition of the home unless the refer is fixed by the Seller.