Question:
The Buyer is Customer. A property sells and when the transactions closes, the Buyer finds out that the Seller has removed a built-in dishwasher. Dishwasher was only pointed out in the listing agreement. The Buyer contacts the Seller and the Seller points out that the dishwasher was not included in the Agreement of Purchase and Sale, therefore the Seller had the right to remove it.
Can the Buyer Customer rely on the listing even if the dishwasher was a chattel?
Does the fact being a customer compared to client would change the answer?
Answer:
The status of the Buyer’s own relationship with the Brokerage, namely Client or Customer is irrelevant.
Assuming that the built-in dishwasher is indeed “built-in”, then, it’s a “Fixture”.
Fixtures go with the property and need not be mentioned in the Agreement. The Listing reference is not relevant. The deal was struck between the two parties in the Agreement.
Brian Madigan LL.B., Broker