Posted by Frank Chin on September 16, 2003 at 17:09:20:
Not an attorney, but had come across such issues.
Why don’t you purchase the refigerator separately, with an agreement and sales receipt saying payment will be made on the day of the RE closing. Make it a nominal amount such as $10.00.
If you want to be very technical, have the seller credit you $10.00 in the RE P&S contract, something to the affect “refigerator now excluded in contract”.
I use to do “side agreements”, but banks had come up with affidavitts indicating “there are no side agreements to this contract”.
I was suggesting you buy the refigerator separately, and not make it a side agreement contigent on the sale of the property.
PS: I had agreement on refigerators when buying a rental once and the case wound up in small claims. The seller took one refigerator.