Help please item missing from house.

liss90 · 21 October 2005 at 7:33PM

We have just bought a house yesterday.
We went in today to clean it and a welsh dresser that was supposed to be in the sale has gone!
It was in the estate agents details and the vendor told us as soon as we walked into the kitchen that it was included in the sale as she felt it went with the kitchen. This was without us even asking!
Anyway us being first time buyers took their word for it and did not see it on our list of items included in sale from sols.
But my partner did ring the estate agent and double check and they said yes it was included.
The kitchen is not fitted as such and we really did need this dresser. We are now left with one unit and three drawers between 2 adults and 4 children.
The solicitor has said she will write to their solicitor and the estate agent but do we really have a leg to stand on.
I can't believe how tight some people are - these people completely stripped the house and left it filthy dirty!

[Deleted User] · 21 October 2005 at 8:00PM

If it wasn't in the list of items that your solicitor gave you, then I am afraid it is unlikely that you'll get it back, unless it was a genuine mistake and your seller wants to give it back to you.
Your partner should have rang your solicitor, not the estate agent (who represents the Seller anyway) to double check if it was included.
Good luck!

Fifer · 22 October 2005 at 12:51PM

Although it would have been wise to check that the dresser was included in whatever the English equivalent of missives are, might there be potential for a claim against the EA here as the property was described in the particulars as having the dresser included? Does property misdescription not cover issues like this?

Quasar · 22 October 2005 at 1:16PM

If the item was included in the "fixtures and fittings" form which details the house contents which form part and parcel of the sale, then it would be illegal of the vendor to take it with them.

I haven't done conveyancing forn about 10 years, so maybe the name of the document has changed, but the gist of it most certainly has not!

Joe_Bloggs · 22 October 2005 at 2:07PM

There may have been a lack of communication with those who were actually moving the furniture and those that drew up the contract between the buyers and sellers. I am sure you can get your furniture back if it was in your settlement agreement and transported in error by a removal company, doing what they do best.
J_B.

Fifer · 22 October 2005 at 4:30PM

by a removal company, doing what they do best.

They broke it?

lush_walrus · 22 October 2005 at 4:37PM

Fifer wrote:

Although it would have been wise to check that the dresser was included in whatever the English equivalent of missives are, might there be potential for a claim against the EA here as the property was described in the particulars as having the dresser included? Does property misdescription not cover issues like this?

Nope it doesnt cover this, all EAs have a note at the bottom of their details to explain that items included on their details may not work and may not be included in the sale depending on the eventual selling price or something to that nature.

It would be totally unfair to blaime the EAs for this one as the vendors may well have told the EAs that it would be staying.

As said by others, it is only if it is on the fixtures and fittings list that anything can be done. That is the legally binding document of what will or wont be included in the sale, nothing else is legally binding or should be considered such.

liss90 · 22 October 2005 at 11:23PM

Thanks for all the advice. I think that we have learnt the hard way as first time buyers.
Next time we will not be so trusting and more pushy.
One of the vendors cats escaped while moving and is now in and out of the cat flap.
They have not left an address or phone number and we are unable to contact anyone until after the weekend to find this out.
It was the neighbour who told us that the cat escaped but the vendors did not leave a note or tell the estate agent. I guess that says volumes about the vendors charactor!
I feel like holding the cat to ransom until they return the dresser - only joking!
I have to share with everyone the things we have discovered since the vendors have moved their furniture.
They painted the front room floor but only painted around the furniture and rug!
They painted the light switches and around covers of plug sockets rather than paint carefully.
The coving to one of the ceilings is polystyerene.
They left the gas fire on so it was left on for two days when house was empty.
They took all light bulbs and even made sure all toilet rolls were used up and just left empty cardboard rolls!
They did not clean the house before leaving and I am not a fanatic cleaner but there were balls of cat hair floating around.
The house was imaculate when looking around but as I said next time when we buy a house we will examine it sooooo closely even if it offends!

Joe_Bloggs · 22 October 2005 at 11:59PM

Take note of your meter readings for gas and electricity/water. You do not need to pay the utility bills of the previous occupants. Give the cat a bowl of milk and a name.
You may have some redress through your solicitor in regard to unpaid bills /settlement etc. When I bought my place the vendors solicitor set aside some money for unforseen outstanding charges that the buyer may have had to pay which were the vendors concern. I had to confirm with the vendors solicitor via my solicitor that everything was fine and that the money could be released. This was close on to a year after the sale.
Good luck in your new home.
J_B.

[Deleted User] · 23 October 2005 at 7:42AM

Eeekkk no do NOT give milk to the cat, it will give him the runs! Only kittens drink milk, not adult cats.
Give him water and food of course and call the EA first thing on Monday as he'll have the sellers' telephone number. If he can't help, then your solicitor can get in touch with his. Poor kitty, it must be very confused and feeling abandoned

Sorry about the state of the house, unfortunately that happens quite a lot. I am moving soon and am dreading it for the very same reason (what wil I find out after the move?). I certainly wil leave an immaculate house behind, I am praying that they'll do the same.

System · 23 October 2005 at 9:56AM

I'm sorry to hear your experience of house buying has been a disappointment. Unfortunately when you view a property you don't necessarily see everything only what the sellers want you to see.

I would say don't worry about the decoration as you will soon put your own stamp on the place and I know I wouldn't have wanted someone elses toilet rolls. Taking the light bulbs was petty and stingy but some people are like that similarly some people are filthy and going by the standard of their decorating attempts perhaps it's best you do it yourself because then you know it's been done correctly.

My husband and I have found out several times that not everyone takes the same pride in their homes. I could never leave a house filthy for a new occupant. I would be mortified to think that they would be complaining about me plus it's only good manners to be considerate to others as moving is stressful enough without having to spring clean before you can empty all the boxes.

On the day my husband and I took possession of our first house (22 years ago) the seller proudly showed us round and pointed out that he very considerately had left the rawlplugs in the wall for us to put our curtain rails up. Goodness knows what state the walls would have been in if he had attempted to take them with him.

Anyway I hope you get everything sorted and have a lovely first christmas in your new home.

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Help please item missing from house.

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