Q: We found a great townhome to purchase at an affordable price. It has a great location and is freshly renovated with designer appliances. A problem came up when we did the pre-closing walk-through. All of the high-end appliances were replaced with basic models. When we asked about it, they explained that the expensive ones were just for showings. Can they do this? — Margie
A: Probably not. Carefully review your purchase contract to see if this situation was explicitly agreed to. If you agreed to this switch-out in the agreement, you will be stuck with it. However, if you did not agree to this in the contract, the seller must include the appliances that were in place when the contract was signed. This may mean that you need to delay the closing under the appliances are put back in or a monetary credit at closing is agreed to.
This is a good reminder of the importance of thoroughly reading and understanding all agreements before signing them. Details are important, especially in contracts.
Most standard housing contracts include language regarding appliances and fixtures that are included or expressly excluded when buying a new home.
If the contract is silent on the issues, the general rule is that anything permanently attached to the house when you went under contract is included with the sale. This includes light fixtures, doors, garage openers and ovens. However, items such as washers, dryers and automatic pool cleaners can be more controversial and should be specifically addressed.
When a contract lists an item or appliance, such as a washing machine, it means the same washing machine in the home when the contract was signed should still be there at closing. Sometimes appliances break during the contract period and must be replaced with a similar model, not the cheapest box on sale that week.
To be safe, when buying a home with expensive appliances or fixtures, you should be detailed and specific about the brand and model on the contract.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at , or go to
