Exclusions: Listing Agreement vs Contract of Sale

When you list a property on the MLS there is a paragraph in the Listing Agreement where you can specify any items of personal property that you want to insure you are able to keep when you close on the Sale. When your home is listed on the MLS these items should be shown under the 'Exclusions' section of your listing, thereby notifying any prospective Buyer's Agents that you intend to keep the mentioned items.

It is very important to note that if you want to keep these items you MUST detail them in the Contract of Sale at the time you negotiate the contract. Simply listing them in the Listing Agreement and on the MLS does NOT insure that you will retain ownership of the items and be able to take them with you. The Listing Agreement does not control the Contract of Sale. The Listing Agreement provides instructions to the Listing Broker about how to display your property informaiton on the MLS system.

It is your responsiblity when you review an Offer to Purchase to make sure that any items that you have previously listed as Excluded in the Listing Agreement are also listed in the Exclusions paragraph on the Offer to Purchase (Contract of Sale) otherwise you will NOT have the right to retain those Items.