The Written Agreement Supersedes the MLS Listing
Whether it’s an executed contract to purchase or a residential lease it supersedes all verbal agreements and advertisements, including the MLS listing.
If a landlord advertises “One Month Free” in the MLS, but the tenant decides they want to pro-rate the one month free over the 12 months and both parties agree in writing, it supersedes the advertisement in the MLS. So 11 months later the tenant can’t claim they don’t have to pay last month’s rent because the MLS advertised “one month free.”
The same holds true if a seller says they’re going to leave the washer and dryer, but our residential contract to purchase doesn’t include the washer and dryer. So unless the buyer’s agent includes the washer and dryer in the contract the seller is not obligated to leave them. Therefore, there is nothing the buyer can do if the seller decides to take these two appliances with them.
Now, should a seller leave them? Absolutely, if they said they’re going to leave them they should. However, verbal means absolutely nothing, a verbal statement is not binding in a real estate transaction. So if there is something you want to include or exclude in your home purchase or sale make sure it’s in writing.
If you are buying, selling, or renting make sure you understand what you are signing and remember what is agreed to in writing supersedes verbal agreements and advertisements. Don’t pull out the, but “you said so” card because unless they said so in writing and ALL parties agreed in writing it’s useless.
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About the Author
Top Wellington Realtor, Michelle Gibson, wrote: “The Written Agreement Supersedes the MLS Listing”
Michelle has been specializing in residential real estate since 2001 throughout Wellington Florida and the surrounding area. Whether you’re looking to buy, sell, or rent she will guide you through the entire real estate transaction. If you’re ready to put Michelle’s knowledge and expertise to work for you call or e-mail her today.
Areas of service include Wellington, Lake Worth, Royal Palm Beach, Boynton Beach, West Palm Beach, Loxahatchee, Greenacres, and more.