Fixtures and Fittings- what is allowed

Drodough

Just to clarify before I ask this- I am NOT petty seller and I am not into taking lightbulbs, loo roll holders etc etc. In fact I'm leaving all curtains, carpets, light shades etc (nice ones!) and a wall hung feature electric fire for my buyer as a gesture of goodwill (they did not make any requests for me to leave anything at all).

My question is- I intended to take two bathroom cabinets, as they will fit perfectly in the new bathroom. We only bought and fitted them 3 months ago. As I still have the old cabinet, which I was going to give away, I intended to re-fit this one and take the new ones. So, on the fittings from I ticked 'yes' to leaving a bathroom cabinet.

Now a friend has just advised i cannot do this- I have to leave the ones in there (the previous one is only 2 years old, but MUCH smaller and made of wood not plastic- but in excellent cond.)

What do others think? I wish I'd clarified on the the form I intended to replace now! Is it best to just leave the 2 that were in when they viewed?

Thanks all- this forum is invaluable and i am very grateful for all the advice you guys give

BitterAndTwisted

Everything is negotiable until contracts are exchanged. As you know from reading this forum some sellers will take the ruddy skirting-boards with them. I'd contact your buyer and tell them you want to take the new cabinets with you and that you have an old, previously used one, not exactly the same for them to use in the first instance and see what they say. This sounds entirely reasonable to me.

Fire_Fox

Speak to your conveyancing solicitor! The cabinets you wish to take will be the ones in the estate agents particulars, and the ones your buyers have seen so they should be the ones you are leaving unless it is formally agreed otherwise. Now you have ticked the box don't deal with this verbally the change must be properly recorded.

Don't forget that anything you do remove you will need to make good any damage caused - fill screw holes etc.

pastmybest

Fire_Fox wrote: »

Don't forget that anything you do remove you will need to make good any damage caused - fill screw holes etc.

Is this a legal requirement or a moral one???

Drodough

Fire_Fox wrote: »

Speak to your conveyancing solicitor! The cabinets you wish to take will be the ones in the estate agents particulars, and the ones your buyers have seen so they should be the ones you are leaving unless it is formally agreed otherwise. Now you have ticked the box don't deal with this verbally the change must be properly recorded.

Don't forget that anything you do remove you will need to make good any damage caused - fill screw holes etc.

Thanks Firefox.

Just to clarify- they were in the brochure due to pics, but no mention of them in the write up. Does this change anything?

Very annoyingly, my EA put our feature electric fire (which just hangs on the wall on a couple of screws and lifts off) in the write-up. We amended the draft to remove it, and dropped this in by hand. They then went ahead and printed the details as per the original, to include the fire in the description :mad: so when it came to fittings we just included it as didnt want to updet the buiyer as they were expecting it to be included.

More than happy to make good the holes from removing the cabinets, just dont want to take them if it may be an issue.

Fire_Fox

You could have taken the electric fire if you'd made it clear to buyers at viewings that the particulars were a mistake. I would have made them redo the particulars! But when you ticked the box it wasn't for A bathroom cabinet it was for THE bathroom cabinet so this needs clarifying before exchange.

Drodough

Thanks Firefox know where I stand now

pastmybest

Fire_Fox wrote: »

Don't forget that anything you do remove you will need to make good any damage caused - fill screw holes etc.

I think you may be getting mixed up with a rented house.

When I bought my place there were so many screws and nails in the wall where things had been hung and fixed I asked my solicitor about this point. I am on the market now and have a number of pcitures, fittings and again sought my solicitors advice on whether I was obliged to fill them in and he said NO.

mrsw1983

pastmybest wrote: »

I think you may be getting mixed up with a rented house.

When I bought my place there were so many screws and nails in the wall where things had been hung and fixed I asked my solicitor about this point. I am on the market now and have a number of pcitures, fittings and again sought my solicitors advice on whether I was obliged to fill them in and he said NO.

And here I am trying to fill in all the little holes left from various things before we move tomorrow!!:eek: Think I'll concentrate on the cleaning instead!!

pastmybest

mrsw1983 wrote: »

And here I am trying to fill in all the little holes left from various things before we move tomorrow!!:eek: Think I'll concentrate on the cleaning instead!!

Its theraputic perhaps?

But I did check the email from my solicitor to confirm this point before I posted. He is a partner in a decent sized frim not a conveyancing shop.

Good luck with the move and I hope to get there myself soon.

Dr.Shoe_2

I think that any responsible seller would make the house look as good as they can before moving out.

In my mind I think I would just change the bathroom cabinets and not say anything. There is every chance the new buyers didn't even notice them and probably will never know the changes had been made.

Unless:

The listing said "2 bathroom cabinets", gave a description of the cabinets or the buyers especially remarked on them.

If the particulars say "bathroom cabinet" (singular) then you're home and dry IMO.