The issue of what conveys with a sale comes up on the legal hotline more than you might think. When a listing says, “fridge included,” and an offer doesn’t include the fridge (or whatever personal property we’re talking about), the seller isn’t obligated to leave the fridge. There are two reasons why: 1.) Listings are advertisements, and 2.) Advertisements are not offers (Corbin on Contracts, section 2.4, at 116 [Joseph M. Perillo ed., 1993 & Supp Spring 2002]).
Essentially, a listing can include items the seller wants to convey or keep. However, if it’s not in the contract, it’s not part of the legal agreement. A listing is simply an advertisement, and the law allows the parties to deviate from the advertisement. If a Buyer wants the stuff in the property’s listing, it must be in the offer. If the Buyer wants the Seller’s riding lawnmower, it’s the Buyer’s responsibility to state, “I get to keep the riding lawnmower” when writing the offer. The Seller can counteroffer to keep the lawnmower if they don’t want it to be part of the deal.
If a submitted offer doesn’t include items the Buyer thought were included, the Buyer will need to have the Seller approve an amendment, which isn’t guaranteed. The Buyer can’t claim that they were induced by the Seller’s sweet promises in the listing if the Buyer doesn’t include it in the offer.