Fixtures and Fittings question.

lindos90

getmore4less wrote: »

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

Now that may be a very sensible idea! I could fairly complete it, based on what they have told me verbally, and then just hope they sign it and keep to their word and leave what is agreed.

Thats a nice possitive snippet of advice thank you, Im guessing its not the normal way of doing things, but it makes sense!

tek-monkey

So how much commission do the EA and solicitors lose if you tell the vendor to do one? They have to find another buyer for the house you want, and they lose your sale, is that correct? And the solicitor doesn't complete on 3 sales?

You hold the cards TBH, I'd be sitting tight.

EDIT: Actually, as you're both using the same solicitors, can you not arrange a meeting between vendor/both sols/yourself and sit down and talk it through? If its the vendor being awkward, they may then decide to cave in rather than argue with you after saying they'd leave the lot.

lindos90

tek-monkey wrote: »

So how much commission do the EA and solicitors lose if you tell the vendor to do one?

Yes the estate agent would not get the commision, but our house and the one we 'want' to buy are both in popular areas, and could create alot of interest if put back ont he market, ours sold in less than four weeks, the vendors sold within 4 days, so I guess the EA will not be too bothered!

If both houses had been on the market over a year then perhaps they would be bothered, but to be honest, they have seem to be supporting our vendor more than us all along.

From the solicitors view, we are almost there, so I imagine if we pull out they will want paying anyway!!

A meeting if nothing else works (the solicitors would probably charge £200 per hour, then we would have to have a meeting about who was going to have to pay for that!!) Im not an assertive person, I dont think I would be able to deal with a face to face confrontation, so hope it does not come to that!

not_loaded

lindos90 wrote: »

…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:

Yes, but then you will know where you are.

Saying one thing and then doing another is typical AH activity.

You have to decide whether it matters or not. It sounds to me as though it does matter, ie: the costs could be quite significant, so just insist on it being filled in/made clear.

Have you seen the form? What does it say above the column of boxes? It’s quite possible that leaving it blank is correct if leaving it, it depends on what the column heading says.

You may not be assertive or feel assertive, but with the F&F form all you are asking them is: exactly what are you selling me? You then have the prerogative to say deal or no deal. If the stuff is worth good money, it’s worth doing.

tek-monkey wrote: »

…EDIT: Actually, as you're both using the same solicitors, can you not arrange a meeting between vendor/both sols/yourself and sit down and talk it through? If its the vendor being awkward, they may then decide to cave in rather than argue with you after saying they'd leave the lot.

That would certainly solve the problem of them claiming they didn’t understand how to complete the form. The nice solicitor can hold their stupid hand…

lindos90

not_loaded wrote: »

Have you seen the form? What does it say above the column of boxes? It’s quite possible that leaving it blank is correct if leaving it, it depends on what the column heading says.

I have seen the form, its the same form I filled in for our buyer.

It does no refer to a 'blank' option at all. It says if an item is included in the sale it needs a tick, if it is not included in the sale it needs a cross. If it is not included, but for sale at an additional price it should have a cross, with the amount in £s at the side for what the vendor is willing to sell it for. Very straighforward to me!

We have now given up on tackling them about excluding items after offer accepted, its simply not worth it, they can take the items, and we can buy new ones that are to our taste, will cost a lillte extra, but at least the items will not be there, reminding me about the vendor!

My problem is mainly the 'blanks' on the form, some of which they have verbally said they are leaving, some of which they have verbally said they are taking....so we dont know which way they are swinging with these items.

If they take all the items with a 'blank' it will be costly...we are talking about the majority of items on the form...right down to the nitty gritty stuff like all the door handles, all the light fittings and all the curtain poles and rails, wooden flooring in the diningroom and the kitchen lino! (none of which they are even asking any money for....just a blank no comment)

tek-monkey

Seriously, the F&F list is part of the sale. If the form is not filled out properly, your sol shouldn't even let you exchange! I'd tell them to do one, money off or form filled out. Do you really want this house enough to have the vendor bend you over?

They are taking you for a ride, the only possible reasons they can have for refusing to fill it out are that they will shaft you, or are obnoxious people. Either of which should get the contempt they deserve, not whatever they want. I'd hit back, but I'm known to be remarkable troublesome when someone gets me riled! I'd lose the property just to prove I can't be pushed about, it depends what you're willing to lose for your dignity.

lindos90

Thanks for replies, they are all very consistant and supportive:beer:. Which makes me feel like I really am a reasonable person.

I'll reflect on it over the weekend, and see what monday brings, as apart from this we are 'good to go' so they too may be reconsidering their position.

In the grand scheme of things it probably isnt worth risking the house for, as it is generally a nice house, but the vendors are seriously alienating us, for no aparent reason, which has changed my feelings for the house considerably, I have to admit, if I looked on rightmove and saw something else, I would seriously consider walking away from this one.

The only possible thing I can think of that they may be peeved about is that they 'OFFERED' to reduce their asking price by 5k but only on the condition that we then accept an offer on our house that was 10k less than our asking price (even thoiugh we had higher offer...but that one was not imediatly proceedable). But still dont understand it, as 10k off a semi is a higher % than 5k off a detached, so we got the short end even from the start.

All this Negotiated by the same EA, which we had to accept there and then.

tek-monkey

What would it cost you to walk? What area are you buying in, and what are your criteria? How much do you really want this place? I'd have a sour taste in my mouth for months over this, and would rather walk than let the vendor win. Depends on the house though, what are you really willing to put up with to get it?

lindos90

tek-monkey wrote: »

What would it cost you to walk? What area are you buying in, and what are your criteria? How much do you really want this place? I'd have a sour taste in my mouth for months over this, and would rather walk than let the vendor win. Depends on the house though, what are you really willing to put up with to get it?

We have been looking for over a year, and it ticks more boxes than others that have come up (location, condition, size and number of bedrooms etc), is not 'perfect', but it is the best we have seen and when we first viewed it, we fell in love with it, and I can see my family growing up there.

My OH says there is no 'perfect' house, and I could waste a lifetime waiting for one, he loves the house and feels that we should just sign and get on with it dispite their poor behaviour, ''whats the worst thing they could do to the house, we could deal with it''. (He is much more mellow than me)

The way I feel at the moment I would regret walking away more than I would regret buying it:rolleyes: but at the same time, I dont like people treating me like this!

To persist with the F&F form is the right thing to do, but not sure if its the best thing to do, as I think it will only inflame the situation.

tek-monkey

The F&F form is part of the legal sale documentation, can you even agree to an incorrectly completed one? Your solicitor should be tackling this, not you. I'd just return it to the solicitor saying you believe it is incomplete, and that it is their job to get a complete one.

Will a lender actually lend without knowing if the place will be habitable or a shell?