Cooker and washing machine now not included

clutton_2

i guess we are all different and some folks want to use energy chasing what could be a lost cause for the sake of a "principle", and others realise there are some unpleasant people in this world who dump on you and occasionally get away with it. I know its neither fair, nor right, what has happened, but, please dont let this relatively small incident spoil your new start to a new life.

good luck

zzzLazyDaisy

Speak to your solicitor ASAP. They can then take it up with the seller's solicitor. What the seller has done amounts to an 'anticipatory breach' and money could be with-held from the purchase price to cover the amount that OP would be likely to get in compensation should it go to court. The solicitor cannot hand the money over without the seller's permission, but can hold it in 'safe keeping' pending the outcome of the court case. A small claims court case is simple to do, but the chances are the seller won't want the aggro and will do a deal. If the full replacement costs are with-held, and them OP negotiates and agrees to go half, she will, in effect, get new items for half price.

Good luck!

Daisy

jenniferpa

I don't know that it's that much hassle: you can make a small claim online. However, as the OP mentioned that the vendor had money troubles, it may be pointless.

Me_Myself_2

Of course the solicitor can withhold money or even refuse to complete until everything is exactly as it says in the contract and that includes what is on the F&F list.

The obvious move as them the machines may 're-appear'.

ctm_2

Thanks for all the replies people.

I will talk to my solicitor on Monday and see what he says. Not completed yet, so no money has changed hands as yet.

I think she is taking revenge as she has previously 'lost the deposit on the place she wanted to rent' because it was all taking so long. Se fails to appreciate that the hold up was with her solicitor not providing relevant info to my solicitor. quite why this situation arose with her loosing a deposit (if she really did) I don't know, because on the other documents (which she has signed) she has specifically stated that she is not waiting for, or relying on the money from the sale for buying.renting property.

hollydays

It is galling but i agree with some of the others-this doesnt sound like a scenario where you may get any recompense.i wouldnt put any more money into getting them back but good luck if your solicitor can.

sportbeth

what are the odds of a cooker and washing machine breaking down in the same week? I've only ever had one cooker break on me (8 years ago) and 1 washing machine (1 year ago)

I'd say definitely get the solicitor onto it. She is trying it on and I reckon as soon as she gets caught out she'll back right down.

Besides, if you don't try you might have to fork out whatever the two of them cost when you move in. ~I know we won't have that kind of cash on us the day we move in!

ctm_2

Update - Spole to my solicitor this morning. He is of the opinion that as contracts have been exchanged she is obliged to re-instate or replace the washing maching and cooker by completion on wednesday, and has contacted the sellers solicitor to that effect. Will wait and see what reply he gets.

But, completion may not be on wednesday now because quite unfortunately the removal company triple booked her and she might not be able to vacate the flat before late afternoon. I thought she had already moved out (according to the estate agent she was moving out 4 weeks ago, but didn't, then was leaving the following week). I'm getting a bit fed up of her playing silly games.

hobo28

I thought it was usual to set a completion date when you exchanged? If so, i'd tell her its her problem but you expect her gone by Wed.

matto

Will this be the removal van needed to take the oven and washing machine?