Advice on Listing Agent Misrepresenting Property

[Matthew Drew]

Hello,

We are currently in the option period for a house, and there are some minor repairs that need to be done. We also sent an amendment to the Listing Agent, along with a copy of the inspection.

Today, we received an answer that in lieu of making any repairs, they would leave the refrigerator.

Since we first found this house, the MLS states that the refrigerator was included in the sale.

Once we mentioned this to the Listing Agent, she quickly said that it was a mistake. An hour later, we watched as the MLS website was edited.

Since the statement "Refrigerator Included" has been on the MLS for over 64 days now, our agent did not see the need to line item the refrigerator on the sales contract.

We even asked for a copy of the receipt for the refrigerator, and they responded that they did not have it. This is a nice, 2-4 year old, stainless refrigerator that should retail between $1500-2500.

It is our experience that the Listing Agent has the client sign off on everything that is posted on the MLS. But, due to this mistake why are we the ones to pay for the mistake?

Could any realtors chime in with some advice? We are just a little disappointed because the Listing Agent proudly displays all of the various accreditations, and this is a big name brokerage.

Also, since the trust is broken with the sellers and Listing Agent, do we need to amend the sales contract and line item all major appliances, light fixtures, etc..

This is in The Woodlands, Texas…

Thanks,

Matt