Common Questions About FR/BAR Contracts

The MLS listing shows that a washer and dryer are in the property. The buyer submits an offer on a FR/BAR contract, which is accepted by the seller. The contract doesn’t include the washer and dryer in the part of section 1(d) that begins “Other Personal Property items included in this purchase are: __________________ .” When doing a walk through on the day of closing, the buyer notices that the seller has removed both the washer and dryer and gets upset. What is the buyer’s most likely remedy?

• Sue the seller for breaching the contract since the seller took those items from the property.

• The seller will have to credit the buyer an amount equal to or higher than the price of the washer and dryer removed from the property.

• Nothing, as the MLS listing isn’t part of the contract, and the buyer failed to include the washer and dryer as part of the offer.

• The seller must put the washer and dryer back before closing.

Answer: (c)

When using a FR/BAR contract, there are several pre-printed personal property items listed in section 1(d). However, the washer and dryer aren’t among them. Therefore, the buyer would need to add the washer and dryer to the blank line in 8(d) to make them part of the contract.