Fixtures and Fittings question.

keith969

lindos90 wrote: »

If they intended to sell everything extra, they should have been honest and told us from the start, not after we had made the offer.

I'd make an estimate of how much it will cost to replace them, then drop your offer price by that amount, stating that you made your offer based on them being present as described in the EAs details.

gemstars

purplebuzz wrote: »

I have upside down hooks on the underneath of a shelf in my kitchen, which I use to hang tea cloths and mugs on!

Oh and BTW when we move (soon i hope) I will leave then for our buyer, but it wasn't mentioned on the F+F so i'm not sure what she is expecting!!

lol at least they have a use! If you crook your index finger slightly and point downwards that is kind of the shape of it - no use at all! I am keeping it though, as a quirk of the house

lindos90

Sorry to bring this thread up again, but need some help.

We are now almost at signing contracts stage, but we still do not have a complete F&F list from the vendor.

When it came, most of the boxes were left empty, no tick, no cross. My initial assumption was that the vendor was taking these items (see post 20) we still wanted clarification, as what was on the form did not match with what the vendor was saying.

By chance Mrs Vendor saw me shopping this week, and she approached me, we got talking, and it all seemed quite amicable, she said she didnt know there was a problem with the form, thought that by leaving a blank box, it ment the item was being left:rolleyes: (having said that she has left all the kitchen appliances blank, and I have know they are taking the none integrated appliances from the start,)

She confirmed 'we have said we are leaving everything' I said I was reassured by this, and all we needed was a form that reflected this, she said that was not a problem and would do it.

Today my solicitor said that the vendor feels that the form accuratley represents what is being left, and his solicitor has sent a letter to that effect! (copy in the post to me). So we have waited 5 weeks, only to be told they are not willing to fill it in properly!!!

What do I do, am I being picky asking for a completed form?

Why would they not be able or willing to fill in the form in a comprehensive way?

Could it be that the wife is saying one thing and then being blocked/overuled by her husband?

Could there be some devious reason, something they are hiding, why would they be so uncoperative?

I know that the form is part of the contract, and with so many holes in it, we would have no comeback if we buy it and then find they have taken everything, as its not filled in!

Any advice welcome, im feeling very fustrated, I still like the house, but this experience is making me have doubts, its causing such unnecessary bad feeling about it.

Thank you for taking the trouble for reading such a long winded post!

Person_one

Yikes, what an annoying situation!

I really think its your solicitor who needs to step up to the plate here. I presume they don't want to lose you as a buyer and start the whole process again, they're just trying to get as much out of the process as they can get away with.

I like the earlier suggestion of estimating the cost of replacing the articles that were listed in the brochure but aren't included and lowering your offer by that amount. This is perfectly reasonable as you anticipated that these things would be included.

However you can't proceed at all without a correct f&f list so your solicitor needs to make one appear.

My parents were in a similar situation a few years ago. Vendor had included fireplaces, carpets, oven, light fittings and curtains in the brochure then decided they were going to take them unless an offer was made. My parents challenged them for the oven as it was described in detail in the brochure and was high quality. Everything else they said 'fine, take it'. Well the vendors left everything behind in the end! They didn't really want to waste time pulling up carpet and removing fixtures that wouldn't even fit in their new home, they were just hoping for an extra few grand for nothing!

lindos90

Thanks for your reply, the items they now want paying for are not so much of a concern, its petty of them to decide to exclude them AFTER our offer was accepted, but solicitor tells me that it is unfortunatley now very common for this to happen.

The main problem is the list is mainly blank, which gives us no recourse after completion, as blank boxes could be percieved as anything. Verbally the vendor has said many things re f&f, but the form is inconsistant with this.

Why is it so difficult to fill in a damn form!

One problem is that our vendor has the same solicitor as us (different individual but same firm) which in hindsight was a mistake, but felt coersed into having at the time.

Would a vendor REALLY jepodise a sale for the sake of filling a form in, I just can not get my head round it!

During the two viewings I thought we all got on fine, even when she came up to me in the shop, but its just not translating into the written legal stuff!!

In comparison, our buyer has been three times, the last time all our kids played together, and we sat and chatted for over 2 hours, every box of my F&F form has something in it, whether a tick a cross or a N/A (eg if we have no green house we cant leave one)

Im planning to leave them a welcome pack, bottle of wine, clean before we leave. Guess im too nice!

tek-monkey

Reduce your offer to reflect the items not on the form, include absolutely everything they have not included, as these were items that the offer was based on. Say you are happy to renogotiate should another F+F form be submitted.

Person_one

Honestly? If I were you I'd dig your heels in and tell your solicitor you won't be proceeding any further until you have a properly completed form in your hands. No more searches or surveys, no nothing. Its a fairly standard part of the buying/selling process so I don't think any reason they have for not doing it can be good.

Its not ideal that the solicitor is working for both of you but surely they want this sale to go through?

Carpets/fireplaces etc can be a big expense, especially if you weren't expecting it.

lindos90

Person_one wrote: »

No more searches or surveys, no nothing.

Thats the problem, we raised the issues 5 weeks ago, and had no response, kept chasing etc, in the mean time we had survey, valuation and searches done, we are practically waiting to sign and exchange!!

The solicitor is a different person, but within the same firm (ie they are work colleagues) the EA set it up so both my vendor AND buyer DO have the same person, Im sandwiched in the middle!

The other complication is that my house, and the vendors house is with the same EA, so they are 'negotiating' with themselves if that makes sense!

The form is just so ambiguous as it stands, it could entitle them to strip the joint as it lacks 70% of the information!

I can see it now, they will reluctantly fill in the form....but put a cross against bl00dy everything!:rolleyes:

getmore4less

lindos90 wrote: »

One problem is that our vendor has the same solicitor as us (different individual but same firm) which in hindsight was a mistake, but felt coersed into having at the time.
!

Are either of these senior partners or are they juniors?

I agree with the other post tell your person that you can't proceed with the current contract.

Involve the most senior person that these tw are not doing their jobs properly.

Anotehr option is that you fill the form in of what you expect to be included and get them to sign that contract.

N1AK

You need to stand your ground, the only reasons for not filling the form in are lazyness and malice. It doesn't matter what she said in person, the document if agreed will be the contract and anything not on it is at risk.

Personally I wouldn't try anything complex (like creating a low offer for without items). Make it clear that you are doing nothing until you have a correct list.