house bought.. summer house gone??

Richard_Webster

As a conveyancing solcitor I always send a copy of the Fixtures & Fittings list to my clietns so they can check points like this and say things like "the Summer House isn't included..."

Does OP know if his solicitor ever got such a list? In a few cases, like executor sales where the place has been more or less cleared it can be described as "sold as seen.".

The reason these lists were brought in is that most people are not into the fine legal distinctions of whether something is a fixture or a fitting/chattel and therefore the list is meant to include everything that anyone might ever have doubts about,.e.g. central heating radiators and pipework wouldn't normally be removed, but they are put on the list just in case. I suspect the summer house wouldn't be a fixture and therefore unless it was on a detailed list the seller would not be bound to include it.

Hectors_House

Was the summer house mentioned in the advertising for the house?

If so it would have been false advertising to include mention of it (and possibly a photo too) and then for the seller to remove it.

QTPie

chickmug wrote: »

Not always true as I have known potential buyers specifically ask for the list, after they have viewed, as they have been 'once bitten twice shy'. So, as an agent, I would expect the seller to produce one to maintain the interest.

As an agent, it would be up to you to ask the seller what information you want (i.e. what is included) - some agents are a lot more thorough than others.

But an official "fixtures and fittings" list - as such - is normally only given to the seller, by his Solicitor, once an offer has been accepted. Although a seller will often engage a solicitor before (or as soon as) a property goes on the market, the solicitor doesn't generally do any work (including rpvide the seller with a fixtures and fittings form to complete) until AFTER an offer has been agreed and a memorandum of sale has been sent out. There is not point in doing the work earlier: in case the property never goes under offer and gets withdrawn from the market.

Personally I would want to know exactly what was included in the sale and my offer (and would make an offer to include certain items).

QT

chickmug

QTPie wrote: »

As an agent, it would be up to you to ask the seller what information you want (i.e. what is included) - some agents are a lot more thorough than others.

But an official "fixtures and fittings" list - as such - is normally only given to the seller, by his Solicitor, once an offer has been accepted. Although a seller will often engage a solicitor before (or as soon as) a property goes on the market, the solicitor doesn't generally do any work (including rpvide the seller with a fixtures and fittings form to complete) until AFTER an offer has been agreed and a memorandum of sale has been sent out. There is not point in doing the work earlier: in case the property never goes under offer and gets withdrawn from the market.

Personally I would want to know exactly what was included in the sale and my offer (and would make an offer to include certain items).

QT

It may vary dependent on the agent but our practice was to get the list from the seller when the Memorandum of Sale was being done. On reciept, from the seller, we typed up and sent out to the seller, buyer and their two solicitors. On requesting the list from the seller we issued comprehensive notes on how they should fill it in. E.G If it is fitted like a sink, bath, etc do not include but if it is not attached in such a way do not list. For gardens we did say they should take particular note whether sheds and the like were to be listed. I can't recall any solicitor bypassing our role in this.

So if there were the odd early request for sight of the list we could quickly react by emailing the form and guidence notes. Serious sllers would have it back within 24 hours. Then emailed on the the potential buyer. I always saw this as quite normal when asked but feel many agenst would not bother as it took time.

QTPie

chickmug wrote: »

So if there were the odd early request for sight of the list we could quickly react by emailing the form and guidence notes. Serious sllers would have it back within 24 hours. Then emailed on the the potential buyer. I always saw this as quite normal when asked but feel many agenst would not bother as it took time.

I would think that is is really quite unusual... Sounds like a good idea, although it is repitition of what the sellers solicitor would usually do (maybe the sellers solicitors adopt your form - assuming it is comprehensive enough - and don't do their own on top).

I bet that you still get buyers who don't read the list properly...

QT

chickmug

QTPie wrote: »

I would think that is is really quite unusual... Sounds like a good idea, although it is repitition of what the sellers solicitor would usually do (maybe the sellers solicitors adopt your form - assuming it is comprehensive enough - and don't do their own on top).

I bet that you still get buyers who don't read the list properly...

QT

After a long time in the business - and as a person who continually evolved all aspects to make things more efficient well I think so :-) - I found it was better and the sellers/buyers liked it. We could always get to having a list quicker than most solicitors as we chased hard for it as it was was part of the contract paperwork. Another part that if left unchased could cause delays

hamblettamaud

brummybloke wrote: »

the garden is not in the same condition it was when i exchanged though.

do you mean by this that the summer house was removed after you exchanged contracts?

Lakey

have a peek in your neighbours garden, perhaps they saw the lady move out, and popped over the fence......hey presto.....

brummybloke

hamblettamaud wrote: »

do you mean by this that the summer house was removed after you exchanged contracts?

yep there was a 10 day wait from exchange to completion, the summer house was there last week and this week it isnt.

the garden now has blocks of concrete which were support structures for the summer house and large holes in the lawn oh and large piles of soil also.

as already mentioned, my solicitor told me over the phone what was being taken, there wasnt many things at all, the summer house was not mentioned as one of the things being taken, if it was then i wouldnt have a problem.

when i sold my house the estate agent gave me a check list as soon as an offer was accepted, i filled it in and sent it back same day.

its happened now, my solicitor never went into work today ( maybe he is avoiding me?) so i couldnt check with him one way or another.

i am less annoyed about it today, no doubt tomorrow i will be even less annoyed so it obviously doesnt matter too much to me after all?

brummybloke

Lakey wrote: »

have a peek in your neighbours garden, perhaps they saw the lady move out, and popped over the fence......hey presto.....

hehe, no the next door has a very nice garden, not to my taste as there is a feature patio, decking and all the other things garden shows 3 years ago did, but they certainly care for it and have pride in it.

i did check all the neighbours gardens and my summer house has gone, oh well, what i never had i shouldnt miss.

i better have a drink of whiskey to drown my sorrows :beer: