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    • marksandygill
    • By marksandygill 16th Sep 17, 10:58 AM
    • 13Posts
    • 33Thanks
    marksandygill
    Buyer wants built in bed removed after exchange...
    • #1
    • 16th Sep 17, 10:58 AM
    Buyer wants built in bed removed after exchange... 16th Sep 17 at 10:58 AM
    So we finally exchanged, due to move soon and our buyer now wants our 5yr olds built in bed to be removed, with us to repair walls and replace carpets if damaged!

    Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing! Anybody know where we stand (I'm guessing as it's not in the contract if we do remove it we are completely liable for any damage done?!)

    Also it's going to take me hours to do and leave my daughter sleeping on the floor for 4 nights...
Page 1
    • DaftyDuck
    • By DaftyDuck 16th Sep 17, 11:08 AM
    • 3,782 Posts
    • 7,650 Thanks
    DaftyDuck
    • #2
    • 16th Sep 17, 11:08 AM
    • #2
    • 16th Sep 17, 11:08 AM
    If it's not in the contract, you don't. Have to do it. An odd verbal request like that supposedly-made one is exactly the kind of detail that any sane buyer would want in writing.

    Mind you, I'm sure I overheard the conversation your wife had, where she did, indeed, mention it. She did go on to say you'd charge £400, plus a new bed for the kiddie, unlimited sweeties and teddies, all supplied a week before contracts were exchanged.....

    Edit for clarity.... They can bog off!
    • HouseBuyer77
    • By HouseBuyer77 16th Sep 17, 11:09 AM
    • 908 Posts
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    HouseBuyer77
    • #3
    • 16th Sep 17, 11:09 AM
    • #3
    • 16th Sep 17, 11:09 AM
    As it's secured to the walls / floor it's a fixture which by default are left unless the otherwise specified. The fixtures and fittings form specifies these things. Assuming you didn't mention it on there (and there was no other written communication about it) then I think you can leave it for the buyer to deal with.

    Have you asked your solicitor?
    • cjdavies
    • By cjdavies 16th Sep 17, 11:10 AM
    • 2,785 Posts
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    cjdavies
    • #4
    • 16th Sep 17, 11:10 AM
    • #4
    • 16th Sep 17, 11:10 AM
    Not in contract and exchanged, Foxtrot Oscar.
    • csnann
    • By csnann 16th Sep 17, 11:13 AM
    • 442 Posts
    • 398 Thanks
    csnann
    • #5
    • 16th Sep 17, 11:13 AM
    • #5
    • 16th Sep 17, 11:13 AM
    Did your wife agree to do it? Men have a tendency to remember what they wanted to hear, rather than what was actually said to them!
    • GrumpyDil
    • By GrumpyDil 16th Sep 17, 11:14 AM
    • 103 Posts
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    GrumpyDil
    • #6
    • 16th Sep 17, 11:14 AM
    • #6
    • 16th Sep 17, 11:14 AM
    Yup. Sorry realised you have exchanged so no, absolutely no way I would remove it now. If this was that important an issue they should have got it sorted properly before exchange
    Last edited by GrumpyDil; 16-09-2017 at 11:16 AM. Reason: Misread op
    • xylophone
    • By xylophone 16th Sep 17, 11:16 AM
    • 23,395 Posts
    • 13,596 Thanks
    xylophone
    • #7
    • 16th Sep 17, 11:16 AM
    • #7
    • 16th Sep 17, 11:16 AM
    Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing!


    I take it that your wife does not remember this?

    And, ( more importantly), it was not in the contract?

    Check with your solicitor but I doubt they've any right to require you to do this.
    • marksandygill
    • By marksandygill 16th Sep 17, 11:35 AM
    • 13 Posts
    • 33 Thanks
    marksandygill
    • #8
    • 16th Sep 17, 11:35 AM
    • #8
    • 16th Sep 17, 11:35 AM
    My wife doesn't remember and nothing was written in the contract or mentioned again before exchange! Speaking to the solicitor on Monday but my gut feeling is that we could get into more trouble if we damage anything!
    • G_M
    • By G_M 16th Sep 17, 11:36 AM
    • 41,877 Posts
    • 48,459 Thanks
    G_M
    • #9
    • 16th Sep 17, 11:36 AM
    • #9
    • 16th Sep 17, 11:36 AM
    .... Men have a tendency to remember what they wanted to hear, rather than what was actually said to them!
    Originally posted by csnann
    Words fail me........
    • eddddy
    • By eddddy 16th Sep 17, 12:01 PM
    • 5,408 Posts
    • 5,048 Thanks
    eddddy
    Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing! Anybody know where we stand (I'm guessing as it's not in the contract if we do remove it we are completely liable for any damage done?!)
    Originally posted by marksandygill
    From a legal perspective, anything that was said during the viewing would be "subject to contract" - i.e. you're saying the bed can be removed if that term is included in the contract.

    But it seems that the term wasn't included in the contract - so you don't have to do anything.


    There's still nothing to stop you and the buyer coming to an informal agreement about you or they removing the bed between exchange and completion - if both parties want to.

    But if you think there may be arguments about making good walls etc - it may be better not to.
    • boliston
    • By boliston 16th Sep 17, 12:09 PM
    • 2,408 Posts
    • 1,985 Thanks
    boliston
    i would be very wary about removing a fixture if not in the contract as they could change their mind and you would then be legally bound to replace it at your own cost.
    • Red-Squirrel
    • By Red-Squirrel 16th Sep 17, 12:13 PM
    • 1,871 Posts
    • 5,117 Thanks
    Red-Squirrel
    They can whistle, are they first time buyers? They seem to be getting more and more demanding!
    • G_M
    • By G_M 16th Sep 17, 12:14 PM
    • 41,877 Posts
    • 48,459 Thanks
    G_M
    So we finally exchanged, due to move soon and our buyer now wants our 5yr olds built in bed to be removed, with us to repair walls and replace carpets if damaged!

    .
    Originally posted by marksandygill
    How did this requestt reach you? Via solicitors?

    If not, simply ignore.

    If so, instruct your solicitor to respond that you are leaving the fixtures and fittings.

    Don't get into debate.
    • goodwithsaving
    • By goodwithsaving 16th Sep 17, 12:39 PM
    • 682 Posts
    • 1,023 Thanks
    goodwithsaving
    If not in the conditions on exchange, don't do it and tell them to get lost.
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
    • marksandygill
    • By marksandygill 16th Sep 17, 12:52 PM
    • 13 Posts
    • 33 Thanks
    marksandygill
    Well I'm not sure I 100% trust them, after getting £40k off the asking price and trying to chip us for £20k before exchange, they then said their fridge won't fit so can we fridge swap, with us paying for the man in a van to collect from their house...
    • mrschaucer
    • By mrschaucer 16th Sep 17, 1:05 PM
    • 458 Posts
    • 491 Thanks
    mrschaucer
    They sound utterly delightful people.
    • VintageHistorian
    • By VintageHistorian 16th Sep 17, 1:11 PM
    • 254 Posts
    • 1,611 Thanks
    VintageHistorian
    No to removing the bed and no to you paying to swap over the fridges. They are clearly the kind of people that must have everything their way, and who believe that you exist solely to make sure it's done their way.
    "You won't bloom until you're planted" - Graffiti spotted in Newcastle.

    Make £3 a Day in September 2017 - £29.31/£90 (2017 total - £164.27) | Womble #03 - £4.32 | Overpayments in 2017 - £926.72
    • jbainbridge
    • By jbainbridge 16th Sep 17, 1:33 PM
    • 1,729 Posts
    • 1,123 Thanks
    jbainbridge
    Given that it's not in the contract ignore them.

    Given that it sounds like you've been messed about by them, I'd be even more inclined to ignore them.
    • goodwithsaving
    • By goodwithsaving 16th Sep 17, 1:39 PM
    • 682 Posts
    • 1,023 Thanks
    goodwithsaving
    After reading more info about the fridge, tell them to get stuffed. I'd also take light bulbs just to make a point.....but that's just me (I would normally leave flowers etc and a gift, but wouldn't bother with awkward buyers)
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
    • cajef
    • By cajef 16th Sep 17, 1:40 PM
    • 4,551 Posts
    • 3,616 Thanks
    cajef
    We had fully fitted wardrobes, chests of drawers and dressing table in the main bedroom of our last property, our buyers wanted us to remove them, pay for any work needed to make good and replace carpet as it was fitted up to the units.

    They stated that they had their own free standing furniture that they wanted to bring with them, we point blank refused as it was stated in the estate agents blurb that the room had fitted units, they were told that if they wanted to remove them that was up to them after the sale had gone through.
    Last edited by cajef; 16-09-2017 at 1:45 PM.
    I used to have a handle on life, but it broke.
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