What if there were items listed in the listing contract or feature sheet that were to be included in the sale but were removed by the seller?
In the case of chattels which are included in the sale, the seller is not bound by the listing agreement or by any feature sheets, but only by what is stated in the offer to purchase. Therefore, if there were chattels included in the sale but you did not list them in your offer to purchase, the seller is entitled to remove all chattels except those specifically listed in the offer to purchase and, in fact, must do so under the terms of the offer. When you do not list such included chattels in the offer to purchase, the logical conclusion is that you do not want them and the seller is entitled to remove them regardless of what the listing agreement or feature sheet stated. It is therefore recommended that you specifically document any chattels that you want included in the sale; watch for garage door openers, central vac attachments, etc. to avoid potential problems.
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