Fixtures & Fittings Error

dodgy

Hi,

We completed the sale of our house today and have found out that our solicitors have made an error. We completed a Fixtures and Fittings list including an item for our first sale, however that fell through and for the subsequent sale we provided them a revised fixtures and fittings list omitting this item.

The buyers never mentioned the item in negotiations, the solicitors have accepted they sent them wrong F&F list, but of course the buyers are now complaining that they expected it to be left.

I'd be grateful for any advice. I can understand the buyer has the expectation that the sale included this item and has done nothing wrong, however we didn't want to provide these things - and our solicitors have made an error (which they've admitted).

Not really sure what to do.

Thanks

lincroft1710

What is the "item"?

dodgy

Curtains ...

silvercar

If the solicitor has made the error, they need to put it right. As the contract has been made, it probably means that you are obliged to leave the item and the solicitor reimburse you the value of the item. The solicitor then has a choice of whether to cover the cost themselves or claim on their professional indemnity insurance.

DVardysShadow

Agree a resolution with the buyers through your solicitor. Either hand over the curtains and you buy replacements or let them buy new ones. Let solicitor pay.

lincroft1710

Value of secondhand curtains is minimal, is it one room or whole house?

I agree with Silvercar, solicitor's error and you should be reimbursed for your "loss".

dodgy

Thanks for the advice, I'll call the solicitors and see what they say.

Anyone want to suggest a value for curtains for the whole house? It's six or seven pairs.

It's not the value so much as the cost we need to spend to replace them, we were going to use them in our new property.

silvercar

dodgy wrote: »

It's not the value so much as the cost we need to spend to replace them, we were going to use them in our new property.

I doubt you would get the replacement cost of new curtains. You would only get what they are worth and second hand curtains are not worth very much. I suspect you will only be entitled to the value of second hand curtains.

dodgy

The solicitors are paying to have them shipped to the buyers, and are willing to make a payment to cover the cost of the curtains. They want me to suggest an amount which they can 'consider'. Do you think £45/pair (6 pairs) sounds unreasonable - they obviously cost considerably more when bought as all but one pair were expensive curtains.

pawpurrs

Curtains vary hugely, hand made curtains, with a good fabric, handstiched can cost thousands, and off the peg ikea/bhs can be just £30. Only you know which end of the spectrum these curtains are, £45 doenst sound much to me, but I have handmade curtains.

dodgy

Two sets were made to measure and cost us about £400, the rest were just pre-made M+S, John Lewis, with one cheapo pair from Ikea. If it matters, the solicitor has zero idea what the curtains are, and no real way to find out, either.

They are second hand, but equally we did intend to keep them - and would have if the solicitors had done their job properly. I'm just trying to think where to pitch it as we obviously want the most we can get, but without being too unreasonable.