If the listing states the refrigerator belongs to the tenant but the Purchase Contract includes it, which document prevails?

Prepare for the Hawaii Real Estate State Exam. Study with comprehensive quizzes featuring flashcards, practice questions, and detailed explanations. Enhance your exam readiness!

In real estate transactions, the Purchase Contract serves as the binding agreement that outlines the terms and conditions of the sale, including the specific items included in the sale. If the Purchase Contract explicitly states that the refrigerator is included as part of the sale, this document takes precedence over the listing agreement.

Even if the listing indicated that the refrigerator belongs to the tenant, the terms of the Purchase Contract are the definitive authority in the transaction. This means that any specific provisions regarding included appliances or fixtures must be honored as per the contract between the buyer and seller. Therefore, the Purchase Contract's inclusion of the refrigerator means that the buyer is entitled to it, regardless of what was noted in the listing.

This hierarchy of documents illustrates the importance of the Purchase Contract in defining the terms of the sale, as it is the key legal document that reflects the agreement made by the parties involved.

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