Cooker and washing machine now not included

ctm_2

I'm a FTB buying a flat, and the cooker and washing machine were included.

Exchanged contracts on Wednesday 21st, to complete on next wednesday.

Had a message from the estate agent today saying that they have had a call from the seller saying that the cooker and washing machine (which are shown as included on the inventory) have 'broken down' and she has had to 'get rid of them'.

what should be done about this, especially as contracts have already been exchanged.

Added to the fact that she isn't actually living there at the moment, is in money trouble, and is now renting (according to the EA), I thik she is making it up and has taken them with her to the place she is now living in.

lynzpower

http://forums.moneysavingexpert.com/showthread.html?t=216890

someone else having the same probs

jenniferpa

Speak to your solicitor - he can withold funds to cover your loss. If the seller is trying it on, they've done the wrong thing by letting you know in advance! Otherwise, like the poster in the other thread, your only option if you had found this out afterwards would be small claims court, and it sounds like the vendor has debts that would take precedence.

robwend

jenniferpa wrote:

Speak to your solicitor - he can withold funds to cover your loss. If the seller is trying it on, they've done the wrong thing by letting you know in advance! Otherwise, like the poster in the other thread, your only option if you had found this out afterwards would be small claims court, and it sounds like the vendor has debts that would take precedence.

not meaning to !!!!!! on the parade but it can be very hard getting money back once contracts are exchanged , i was left with a house full of furniture when i came to move in, be prepared for a fight, it never lands on your lap. or get forget about it,its too little to get stressed about

david29dpo

the solicitor CANNOT withhold funds now UNLESS it say so in the contract. get your solicitor to send a letter to tell them to leave the " broken items " . there is not a lot you can do about this now, you can sue for your loss but....

itsakidsworld

Its a shame they are doing this to you. Without a doubt they are taking the items with them as if they were broke they would just inform the solicitor and leave them.

The problem is when you buy a property, all you are buying is "bricks and mortar". Anything else left is as agreed and for free unless you have agreed a price for any fixtures and fittings.

So tell the solicitor to write a nice letter explaining that you expect to be left items as agreed and just hope it has some effect.

Be prepared to just go out and buy some new items and put it behind you and class this as lesson number one in "welcome to the real world"!!!! You'll soon get used to it. Remember, "Karma"- what goes around comes around so never do anything wrong to anybody. They have;)

clutton_2

i agree with itsakidsworld - i know its rotten to be dumped on, but, buy some new things, and forget about this nasty family, you will have far more pleasure from these new things than their old stuff !!

or, is there a freecycle website in your district - advertise for a free one !!!!

silvercar

The problem is when you buy a property, all you are buying is "bricks and mortar". Anything else left is as agreed and for free unless you have agreed a price for any fixtures and fittings.

If it is included in the F&F list, then it is included in the price you pay and HAS to be left. The sellers are in breach of contract and could be sued.

Wickedkitten

silvercar wrote:

If it is included in the F&F list, then it is included in the price you pay and HAS to be left. The sellers are in breach of contract and could be sued.

Exactly, thats the whole point of the list.

hobo28

The sellers are in breach of contract and could be sued.

Yeah but in reality would you? Its a lot of hassle for not much gain. Personally if the items are on the F&F list, I'd tell the solicitor to tell the vendor that she must leave the "broken" items as you will get them repaired. They are yours now. If she doesn't, just get some replacements and be done with it. Its not worth stressing out over.

david29dpo

hobo28 wrote:

Yeah but in reality would you? Its a lot of hassle for not much gain. Personally if the items are on the F&F list, I'd tell the solicitor to tell the vendor that she must leave the "broken" items as you will get them repaired. They are yours now. If she doesn't, just get some replacements and be done with it. Its not worth stressing out over.

this is all very well, so nothing changes. is it not up to people like us us to stop this thief?