Thread: Refrigerator and Kitchen Island...

Refrigerators are considered appliances. Unless you had a notice that stated the fridge wasn't staying and it is also in your contract, then it probably needs to stay. As for the island, how movable is it? Does it have visible wheels or does it look as if it is built in place? If it looks built in place, then it should probably stay also.

These should have been in the contract. But if you really want them, you should have your realtor talk to the buyer's realtor and explain the situation. It could turn out that the buyers don't want them anyways, but if they are expected them to stay and you take them, they could try their best to make things difficult for you.

In Texas the fridge does not usually stay and should have been on the contract where it say items not included to keep any miss understandings from happening. Most likely you will not run into any problems in taking the fridge but you could if it was not listed as an excluded item. Now for the island you will most likely run into problems here. The buyers for your home probably expected it to be included. However, it is techniquely personal property and so not included in the sale. This is true assuming nothing connects it to the floor.

according to the contract we should be able to keep the fridge and island. the contract states permanently attached or built in appliances and accesories. the dishwasher, stove, and microwave are all attached so those stay. i understand that, but the fridge just rolls in and out. also the island. clearly a piece of furniture not attached to the floor. it is not on wheels as it is a nicer, more expensive island, but that shouldnt matter. we left the house furnished/staged. isnt the island like the rest of my furniture?
the fridge and island are NOT identified as excluded on the contract in the space where people write or type in exclusions. but i felt that there was no need to exclude them because the contract does not technically consider them part of the "property" being sold. just like i didnt exclude my bed and couch.
my concern is their expectations and whether they can cause problems. like i said, i think technically per contract those items dont have to stay. im just wondering what kind of problems they can create after the option to terminate has expired. earnest money was only $500. wonder if they would cancel and be willing to say keep the $500 and find another buyer.

I'm a Tx realtor, when listing your home your agent should have asked you specifically about what was being included and not included in the sale of your home, if they have appliances down on the MLS listing then this is how the home was marketed and this includes the refrigerator unless specifically mentioned on the MLS..if you did not want it included and your home was marketed with appliances this should have been included as a non conveyence in your TREC contract, same goes for the island...If you are still under the option period I would suggest telling your realtor to write up an amendment specifically stating your non conveyences, and if the island does not clearly look like it's on wheels and appears built in, you need to make this clear, they may want to negotiate if they are not getting what they initially believed they were.

Thanks Lor24, but this really bothers me. the MLS does not market appliances or the island, only the house. those items are in the house and in the pictures as i left those items (along with all my other furniture to stage the house) though. why do i need to exclude the island. i did not need to exclude my couch, or end tables, or beds, or desk, etc. under the letter of the contract the island is clearly not part of the property. does it matter that the buyer THOUGHT they were getting it? imagine a tall coffee table sitting in the middle of a kitchen. thats what this island is. no wheels on it, but different color counter top, and different than cabinets completely.
same with the fridge. its in the pictures, but never indicated in the verbage of the MLS. again, not permanently installed or built in like the stove, dishwasher, and above stove microwave are. isnt it standard for the fridge not to be included and if the buyer wants it then a special note has to be included in the contract stating that it conveys. not the other way around (no need to exclude it as it is standard practice that fridges are not conveyed).
this is correct according to the contract correct? if buyer erroneously assumed they were getting something they shouldnt, they cant get out of a contract for that.
i purposely did not want to exclude items which there was no need to exclude. excluded items buyers typically ask for.
am i wrong somewhere???

no u r absolutely righttt