Can a Sacramento Home Seller Take the Kitchen Appliances?

Which kitchen appliances stay with the sale of the home?

Why did the seller take the kitchen appliances? When the buyers completed their final walkthrough, that question arose. They asked their buyer’s agent to find out what happened to the refrigerator, and the washer and dryer. It would appear the agent had somehow assured them the appliances were included with the sale of the home. The agent’s reasoning, most likely, was due to the fact that the listing data in MLS stated the appliances were included. So how did it happen that the seller removed the refrigerator, washer and dryer? Can the seller bring them back?

Those are good questions for a listing agent. But the answer is not what a buyer’s agent wants to hear. The buyers don’t want to hear it, either. But for the buyer’s agent, the answer can be incredibly painful. Agents should never promise buyers that all of the kitchen appliances stay with the house or that the seller won’t take the washer and dryer. Agents who go down that path learn the hard way, like I had to learn early on.

Facts about kitchen appliances and the washer and dryer in Sacramento real estate:

• Most appliances are personal property, not fixtures.
• Personal property, as long as it can be unplugged, can be removed.
• The California Residential Purchase Agreement trumps a MetroList listing.

If you read page 3 of the RPA, Item 8A, you will see that: items listed as included or excluded in the MLS, flyers, or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8B or 8C.

This means if the seller plans to leave that old gas station pump in the back yard, it should be included in the sale. Otherwise, it’s gotta go. If a seller wants to take the personal spa, it’s a good idea to note that it will be removed. But even more important, if a kitchen appliance stays, like the refrigerator, for example, include that refrigerator in paragraph 8B-2. If personal property is not included in the purchase contract, the appliances do not stay.

Further, if your agent forgot to include kitchen appliances in the purchase contract, the agent can always draw an addendum and try to later obtain an agreement for the kitchen appliances to stay. It can become another negotiable item. Perhaps in exchange for no repair requests. If you know that the seller is willing to leave the appliances, your best bet is to make sure those items are spelled out in the purchase agreement in the first place.