Finally got Fixtures & Fittings, so angry we could pull out!!

Treacle44

After waiting since August for the fixtures and fittings for to be completed by our seller, I've finally got it today and they're now trying to sell their crappy old kitchen appliances that are included with the sale. Intergral fridge, washing machine, dishwasher and range cooker, all of which have seen better days but would do us until we refit the kitchen next year.

The estate sales brochure said they are to remain and we asked the seller when we viewed it if this is was the case, to which they agreed. Estate agent said he will ring him tomorrow to say he can't really do that and will let me know.

To top it off I got the answers to our enquiries too and over half of them are outstanding!! They said they don't need to provide FENSA certs as their window fitters said the installation was completed before they were required yet they said they were fitted in 2003. They had a large extension added in 1985, our solicitor asked for planning permission and completion certs etc, they said for us to apply in writing to the council as these are now archived and they don't have copies of the paperwork??

DH and I are so annoyed, their solicitors are so slow, so who knows how long it will take to get answers to the 10 or so questions outstanding.

Feel like pulling out, bang goes our exchange date of next week that the solicitor was hoping for.

Any advice please, just about had enough of it all. Who's idea was it to move, I'm sure it wasn't mine!!

bijouinnuendo

Hiya

How much do you really want this house???????????

If you really want it take a deep breath and count to a million. Laugh at him for being such a wally and hang in there it will get sorted.

Don't apply to the council they are likely to delay things even more. Idemnity insurance for the extension is a possibility.

Re the fensa not sure on that sorry.

Bijou
x

silvercar

The estate sales brochure said they are to remain and we asked the seller when we viewed it if this is was the case, to which they agreed. Estate agent said he will ring him tomorrow to say he can't really do that and will let me know.

This is quite a common issue; let the estate agent handle it as its his neck on the line if he made false information available in the details. Bottom line is that you could threaten to reduce the price by the cost of the replacements.

They said they don't need to provide FENSA certs as their window fitters said the installation was completed before they were required yet they said they were fitted in 2003.

You have to laugh at this. You know what the response will be, "OOPS, made a mistake it was March 2002, or what ever date is before the regulation came in." Not a lot you can do about this. judge the windows by their current condition. A piece of paper won't change anythdng.

They had a large extension added in 1985, our solicitor asked for planning permission and completion certs etc, they said for us to apply in writing to the council as these are now archived and they don't have copies of the paperwork??

Its 24 year ago! No-one is going to force you to pull it down or modify it now. If there are no completion certificates, rely on your surveyor's report. If your mortgage lender asks for certs, you may have to get an indemnity policy, but it has no use, other than to satisfy the lender.

lindos90

Your post reminded me so much of how I felt when we got our F&F form back:

http://forums.moneysavingexpert.com/showthread.html?t=1926793


It is very fustrating, especially if items have been mentioned in the brochure, but the EA and vendor seem to be able to wriggle out of it fairly easily.

The fensa and building regs can be covered with an indemnity (vendor expected to pay!!) but the indemnity only covers you in case the council decide to persue this with you as the 'new owners', not if the work was poor quality and has to be redone.

So the vendor should be providing the papaerwork, If he can't provide the relivent paperwork, he should be providing an indemnity, your solicitor should be persuing this, not getting you to try and get the forms from the council yourself.

I believe that if you or the vendor contact the council about this, and it turns out that there is no permission, then by the very fact the council has been contacted, could mean you are unable to obtain an imdemnity.

I would be more concerned about whether the extension was built safely which an indemnity will not cover for anyway.

We also waited ages for responses, the best thing is to call your solicitor every day, and ask him what the current situation is, so he is prompted to keep calling the vendors solicitor, just say that you are not prepaired to sign contracts until everything has been resolved, your solicitor should not be expecting you to either.

I know how you are feeling, it does make you want to pull out when people start playing silly bu@@ers, but remember you liked the HOUSE, you dont have to like the vendors!

Hope all goes well, and keep us informed of developments, you will get more advice and support im sure.

Milliewilly

Its not from when the extension was built its from when the council get put on notice and if you want to be a glass empty type of person then you could say there are no records to prove its 25 years old so if the Council did want to take issue - and I agree it is pretty much non existant they will - they can.

The other way to look at it (which is the route I always take) is you will have the same hurdles if you ever want to sell so make the seller get everything in order before you proceed.

lindos90

silvercar wrote: »

You have to laugh at this. You know what the response will be, "OOPS, made a mistake it was March 2002, or what ever date is before the regulation came in." Not a lot you can do about this. judge the windows by their current condition. A piece of paper won't change anythdng

Yes, I can just imagine them doing that 'Ah yes, just a month before the new regs':rotfl:There is a way to identify the age of the windows as the manufacturers have to put a barcode on the inside seal which contains the date.

silvercar

lindos90 wrote: »

Yes, I can just imagine them doing that 'Ah yes, just a month before the new regs':rotfl:There is a way to identify the age of the windows as the manufacturers have to put a barcode on the inside seal which contains the date.

Date of manufacture not date of installation.

What happens if the windows are perfectly adequate but haven't got a certificate?

lindos90

silvercar wrote: »

Date of manufacture not date of installation.

Yes, but it would indicate that the installation was sometime after the date on the window, IYKWIM.

IE if the vendors said the windows were put in in 2000, but the manufacture date on the window unit was sometime in 2003, then the vendor is telling porkies!

clutton_2

does it look as if there is anything wrong with the windows ?

poppysarah

It's caused so many uncertainties and stress that would you feel better if you just walked away and wasted no more time, effort or money on these slightly crazy people?

Treacle44

I guess the most annoying thing that after everyone in the chain making a concerted effort to get all paperwork uptodate ready to exchange and our sellers dragging their heels, it's now come to light that there is still lots of paperwork outstanding. I have chasd our solicitors twice a week at least for several weeks now for this paperwork and they in turn have chased, as have the estate agents and yet when the paperwork is finally produced, half it is still outstanding and yet again this is all dragging on.

The sellers trying their luck was just the final straw when i got the form tonight i guess, so annoying.

The windows looked to be in good condition, although yet more lies as the seller said when we viewed that they were installed 3 years ago, so clearly someone is lying and I'm guessing it's not the double glazing company!

thanks for your replies.