Fixtures and Fittings question.

lindos90

Just a quick query, can someone clarify something for me please?

I thought that if items were stated in the EA brochure, then they were supposed to be included in the sale price? This was something our EA told us, and to only include things in our details that we were happy to leave. Is this just some sort of EA etiquette adopted by some EAs or has it got some legal basis?

It seems that the vendor of the house we hope to buy has decided that several items mentioned in their brochure, they now intend to take with them or want us to pay extra for. This includes appliances, and a lightfittings (chandelier type that have to be fitted by an electrician, so we may move in and find wires sticking out of the ceilings!)

We have not had the fixtures and fitting list from them yet, so im perhaps being slightly ahead of myself, but want to feel prepaired as im basing this on what was in the brochure, as opposed to what the vendor said to us when we viewed the house.

I dont want to appear picky with the vendor, as I guess the house itself is the thing we want, the other things are not 'deal breakers' as such, but it could cost us quite a lot of money that we had not anticipated for.

Any advice gratefully recieved!

Debt_Free_Chick

The EA is not supposed to deliberately misrepresent what is included. But vendors change their minds.

The only definitive list is the one that the vendors' solicitor provides.

Millerdog

Be very careful when reading the fixtures and fittings list received from the solicitor. Vendors can be very slippery, ours said fireplace included but when we moved in the fire surround was there but the gas fire itself had been removed !!

Doozergirl

Complain now to the EA and query why x is advertised and not included. The vendors should not be signing off details when they have no intention of leaving them.

Pass the message through that your offer was including the items already described in the details; that you felt there was no need to demand items that were already included, but that they are expected to be left.

A little bit of pressure, most vendors will succomb to.

vegasbaby100

to be honest listen to Millerdog!!! On our purchase before last we got a fixture and fittings list and half the stuff was not there the lady we brought from moved to the US and the cost it would of cost us to try and recover items it just was not worth it!!!!

I always plan on having nothing!!! (make sure you take your own lightbulbs!!!! some people are TIGHT!!!!)

ognum

I believe it is not leagal to leave wires hanging from the ceiling, if a fitting is remover a ceiling rose and hanging bulb fitting must be put in its place.
If there are specific things you want to remain make them subject to your offer.

sandford6016

The seller will receive a standard letter from their solicitor that states all light fittings must be left with the minimum of a ceiling rose and bulb, so if you find bare wires, they are in the wrong and you can claim money back from them.

JoolzS

I find it amazing, but sad, that so many people in this country still don't realise that estate agents are basically used-car salesmen in disguise. They think that EAs are professionals (such as lawyers, doctors, etc). They aren't - they are salesmen. Don't ever believe a single word an estate agent tells you. Their job is to basically lie to you in such a way that earns them commission and doesn't get them sued.

No offence intended by referring to salesmen - female estate agents are just as bad.

When DH and I were looking for a property a few years ago - without exception every single estate agent lied to us. I had fortunately worked in the legal business, as a secretary, for many years so I could pretty much see every lie coming.

Don't believe a word they say. Trust what your solicitor has on the forms s/he sends to you - that is the reality.

Oh, and if you don't mind being scared of buying property forever - "The Money Pit" is a very funny, if dated, film.

Julie

KROLS

Millerdog wrote: »

Be very careful when reading the fixtures and fittings list received from the solicitor. Vendors can be very slippery, ours said fireplace included but when we moved in the fire surround was there but the gas fire itself had been removed !!

I agree

lindos90

Thanks for all your replies. Im getting a clearer picture now.
So although the brochure should be truthful and not intentionally misleading, that in itself is not absolute, as the vendors often decide otherwise, but the fixtures and fittings list should be more sepsific and accurate, as its more of a legal document.

I will wait for this list and look at it VERY carefully, and then respond to my solicitor if it differs greatly from the EA brochure, to see what can be done.

I will be very specific about what I expect to be put in place if certain items are removed so any area affected is 'made good'.

It a shame that some vendors have to mess buyers around, but I guess it can happen the other way too.

I would certainly not go back on my buyers and say that Ive decided to take all my integrated appliances just because my vendor has changed their mind.

It may well be that when they have to fill in the F&F form that they realise that these things should really be included and change their mind back again with guidance from their solicitor. (The F&F list I have for the house I am selling has a section that confirms that all items stated in the EA brochure are to be included.)

Thanks for all your replies anyway, they were very helpful!

chickmug

I am not sure if it is standard practise but when we confirmed the sale and sent out the paperwork to all parties (buyer, seller & the two solicitors) we attached a opy of the 'Sale Details' to each so it could be seen what had been said and what the seller had signed off to say they were leaving.

So in my mind all that is on the details SHOULD be included. If a seller decided to vary, after a sale is agreed, they are gazumping as they are proposing to remove items which do have a value. So I would be worried re Tradings Standards & my Professional bodies taking action against me?