Saint Albans, VT asked in Real Estate Law for Massachusetts

Q: Selling my home in MA. Are the appliances considered 'personal property' and 'as is' if left w the home?

inspection already done. We are leaving appliances w house. Purchase and Sale agreement signed and will close in 3 weeks. We allowed buyers to have a decorator come in to measure, etc. Apparently, she saw a small amount of water by the fridge and wants us to have an appliance repair person come to evaluate. I am 100% confident the water was from a melted piece of ice. Are we obligated to have it evaluated and/or repaired if broken?

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: You do not have a legal duty to obtain the opinion of a professional if your P&S states you are selling the appliances 'as-is' at the time of inspection, reasonable wear and tear excepted, no warranties or representations.

To keep the peace, if you are still residing in the house, the refrigerator works fine, it is not too old and you know the puddle resulted from a piece of ice, explain all that and advise you are reluctant to incur the additional expense where nothing is actually wrong with the refrigerator. You can tell the buyer they can send someone to look at the refrigerator, but you will not pay for it. Good luck.

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