fixtures and fittings

slopemaster

I know that wrangling over fixtures and fittings is sadly common, and it is now happening to me. The vendor, having initially (verbally) agreed to leave all carpets and most of the curtains and fittings, is now on the fixtures and fittings list saying they are “available at extra cost”. I have told my solicitor to simply tell him no, I will not agree to this.

But my question is, what if anything can I do to avoid the situation where he says OK the stuff will be left as originally agreed but then takes the stuff anyway when he moves out? As my understanding is that I cannot refuse to complete and release the money if I arrive on the day to find it all ripped out and holes in the walls? (I would then be in breach.) But obviously suing him for his breach would cost more than a few second-hand carpets are worth. Or could I take him to small claims court? All seems a bit over the top but I do want to avoid getting done over just because he’s trying to get a bit more money.
I am actually tempted to gazunder him now by enough to cover new carpets and curtains, and then say, yes, take whatever you want!

chickmug

slopemaster wrote: »

I know that wrangling over fixtures and fittings is sadly common, and it is now happening to me. The vendor, having initially (verbally) agreed to leave all carpets and most of the curtains and fittings, is now on the fixtures and fittings list saying they are “available at extra cost”. I have told my solicitor to simply tell him no, I will not agree to this.

But my question is, what if anything can I do to avoid the situation where he says OK the stuff will be left as originally agreed but then takes the stuff anyway when he moves out? As my understanding is that I cannot refuse to complete and release the money if I arrive on the day to find it all ripped out and holes in the walls? (I would then be in breach.) But obviously suing him for his breach would cost more than a few second-hand carpets are worth. Or could I take him to small claims court? All seems a bit over the top but I do want to avoid getting done over just because he’s trying to get a bit more money.
I am actually tempted to gazunder him now by enough to cover new carpets and curtains, and then say, yes, take whatever you want!

Sorry to hear this and what a game of poker - buying a home?

Yes I have come across those who have found, on completion, items removed but apart from the odd case the sellers seemed to renage on their promise and the buyers have been told, by their solicitor, it will cost more money/stress than the items are worth.

Just be very firm, through your solicitor, about what you will and will not accept and hopefully the idiot will see sense.

slopemaster

Yes, I hope so, and am trying not to get too worked up about it,
Thanks

flea72

if he changes his mind, and agrees the items will stay as part of the price, then he should re-issue a fixtures and fittings list to that affect

Flea

slopemaster

flea72 wrote: »

if he changes his mind, and agrees the items will stay as part of the price, then he should re-issue a fixtures and fittings list to that affect

Flea

Oh yes, we won't be exchanging contracts otherwise!

Mozette

If your vendor is that sad and twisted that he would rip up old carpets, I'd call his bluff. If he won't include them, say okay then, don't bother. You can get fairly cheap new carpet, I know it would be a pain, but don't be blackmailed.

Richard_Webster

If he does agree to leave the items and you get to the proeprty early on the day of completion and find they have been removed then your solicitor can refuse to complete unless an allowance for the cost is made. Problem is that usually we don't find out about this kind of thing until after money paid over1

diable

Just tell him to take it and to make sure that all the holes in the walls are filled and painted to match the rooms and the carpet, underlay and gripper rods are removed and all nails pulled out (must be some H&S angle here) ad that the property is all tidy and hoovered.

I personally think that in a falling market he is just trying it on to make a few extra £'s as the hassle of removing everything and hoping that it will fit in his new property far outweighs what he would get from you.

You could always ask him to remove said items as you will invoice him £'s for getting someone in to do it for him as you don't want them.

slopemaster

Richard_Webster wrote: »

If he does agree to leave the items and you get to the proeprty early on the day of completion and find they have been removed then your solicitor can refuse to complete unless an allowance for the cost is made.

ah, that's interesting, as it was my conveyancer ('s assistant!) who said I couldn't do that when I suggested it! How would one work out a reasonable allowance for the cost - would it be the (minimal) 2nd hand value, or the cost of the cheapest reasonable replacement I would have to buy?

slopemaster

@ Mozette and Diable: yes, call his bluff, i like that...

chickmug

Richard_Webster wrote: »

If he does agree to leave the items and you get to the proeprty early on the day of completion and find they have been removed then your solicitor can refuse to complete unless an allowance for the cost is made. Problem is that usually we don't find out about this kind of thing until after money paid over1

Excellent advice but so few solicitors could be rs'd to advise their clients of this option. Certainly not the conveyancing firms or the cheap online ones I came across.