Fixtures and fittings not left

racneroo

Hello, I completed on a property fri of last week. The contract included a cost of £70 for the vendor to leave the washing machine and fridge freezer. On completion and arrival at new property these items had been removed. A representative of the vendor arrived at the property yesterday to give me a cheque for £70 which I declined. After speaking to my solicitor today she advises me she hasn't heard back for the vendors solicitor since friday but has advised me my only option is to pursue through the small claims court at added cost. She claims the problem was probably a breakdown of communication between the vendor and his solicitor and denies the error was between herself and the vendors solicitor. we have already aggredd to leave our white goods at our previous property. My instinct is that the vendor is in breach of contract and my solicitor should be insisting the items are returned?

rrf494g

as long as your solicitor made sure that the contract made clear, that you had purchased the white goods, they have done their job and you can't expect them to go further for free. It seems that the vendor accepts the failure, and has offered £70. You have turned this down. How much do you think the (second hand) white goods were worth? You could take out a small claims court summons, for the value, but you would have to be able to show that sum you claim is fair. Also, having made the offer of £70, there would be a defense that the offer was reasonable. Sounds like negotiation is the safer route. Perhaps you could suggest to the vendor a sum of money that you think is fair for the white goods, and that you would accept?

rrf494g

beware trying to "force" the whitegoods out of the vendor. The contract is unlikely to state the condition of the goods, and they may well be "sold-as-seen", so if you get them and they don't work properly there will be no come-back. Better go for money.

racneroo

Thanks, The items were less than 12 months old. I was hoping they wouold have to return them ASAP but not sure this is going to be so simple.

BitterAndTwisted

If you invite the vendors to return the white goods asap I suspect they may try and acquire different ones via a skip or Freecycle. Contact the vendors and ask for their cheque for £70. Anything else just isn't worth the time or trouble.

LandyAndy

BitterAndTwisted wrote: »

If you invite the vendors to return the white goods asap I suspect they may try and acquire different ones via a skip or Freecycle. Contact the vendors and ask for their cheque for £70. Anything else just isn't worth the time or trouble.

I agree. This is the route that will cause you least trouble in the long run.