Vendor/Estate agent changing agreed deal

abrittan

Hi there, I'd like to get some initial thoughts on this please...!

We've recently offered on a property and agreed a sale price and terms. This included £800 "extras" for carpets and curtains which we agreed on. The Memo of Sale has been sent out and it states exactly that.

However, I've spoken to the EA today and been told that the £800 extras only includes carpets - curtains are now excluded. This was apparently due to an administrative error on behalf of the EA.

Has anyone got any thoughts on where I stand with this? Having already spent fees on mortage set up and a survey and initial conveyancing fees we don't want to lose the house over something minor like this, but are we within our rights to demand they stick to the original Memo of Sale or are they entitled to change the terms as they have?

Any thoughts appreciated!

Fire_Fox

Did you put your offer into writing? When you offered an extra £800 did you specify carpets AND curtains? If so how is it an admin error on the part of the estate agent? What does your solicitor say?

abrittan

The offer was agreed verbally but we didn't put it in writing. I've not yet been able to discuss this with my solicitor. Our verbal offer was for carpets and curtains, the EA is now saying that the vendor only wanted it to be for carpets and that the Memo of Sale was sent our stating Carpets in Curtains by mistake. We've not been notified and I only found out because I rang the EA this morning.

DVardysShadow

You are within your rights to demand and they are within their rights to refuse. Right to the time of exchange of contract you are in a negotiating phase.

It is worth speaking with the vendor and trying to find out what the real issue is with the curtains and then modifying the offer accordingly. And also thinking through what your issue is. As I read it, the curtains and carpets were offered to you rather than you asking for them. How much do you want that particular set of curtains and carpets?

overandout_2

As long as you haven't exchanged yet, they are entitled to change their terms...

Tbh, this is pretty minor and if you have spent a substantial amount of money on survey etc...you should just ignore this....

abrittan

Yeah you're correct, they were offered to us as extras. I'll speak to my solicitor and then go back to the vendor I think.

abrittan

overandout wrote: »

As long as you haven't exchanged yet, they are entitled to change their terms...

Tbh, this is pretty minor and if you have spent a substantial amount of money on survey etc...you should just ignore this....

Yeah that's it, it'll cost a lot more in fees etc to haggle over this, I guess it's not worth the risk.

Doozergirl

If the EA has messed up and the vendor refuses to let you have the curtains in that price then I would insist that the EA drops their fee to reimburse the vendor (and therefore you) for the price of the curtains!

I'd be very clear with the EA that they have created a problem, therefore they can solve it. I've had it before when we sold a house and the buyers had asked for the brand new washing machine and tumble drier to be included but the EA had not passed this on. We made the EA pay for them as we had specifically told them that they were not for sale.

Fire_Fox

Handle this in writing from now on, open letter to the estate agents and vendors stating that you asked for the curtains to be included and were informed they were, as Doozergirl says ask for estate agent to stump up for their mistake. This is why I put all my offers into writing so there can be no failure of communication and no misunderstandings.

DVardysShadow

abrittan wrote: »

Yeah you're correct, they were offered to us as extras. I'll speak to my solicitor and then go back to the vendor I think.

Never mind the solicitor at this stage, they seem to make a mess when it comes to negotiating. Go to the vendor and EA first, sort the problem out and tell the solicitor.

If they were offered as extras, then the choice is yours - you can take your offer for £800 off the table - but expect to find the carpets taken up an outside in a skip - you can re-offer for carpets, or what you like

Thrugelmir

DVardysShadow wrote: »

If they were offered as extras, then the choice is yours - you can take your offer for £800 off the table - but expect to find the carpets taken up an outside in a skip - you can re-offer for carpets, or what you like

More likely the carpets will be left in the property.