Sellers asking for additional monies for fittings after sale of property

Shelly_Walton

Looks like it was a solicitors mistake....now where do we stand? can they claim compensation from the solicitor instead of us for the error? If the solicitor has not provided a fixtures & fittings list (which he hasnt), how can we determine what should have been left (eg curtains free of charge) and what they are wanting payment for?? We want to keep the fittings as they go with the house, but dont want to be pressured in to paying a large value of money for something we have never agreed to pay

Im liking DVardysShadow response???

dodger1

If I moved into a property and found items that I wasn't expecting I'd be straight on to the vendor to find out if they left them free for me or they would need to collect them immediately. The problem would have been solved with one simple phone call. Who moves into a house not knowing if a cooker is being left or not.

Emmzi

whose solicitor? Theirs I hope! Yes, let the solicitors fight it out, you have completed, and that is that.

DVardysShadow

Shelly_Walton wrote: »

Looks like it was a solicitors mistake....now where do we stand? can they claim compensation from the solicitor instead of us for the error? If the solicitor has not provided a fixtures & fittings list (which he hasnt), how can we determine what should have been left (eg curtains free of charge) and what they are wanting payment for?? We want to keep the fittings as they go with the house, but dont want to be pressured in to paying a large value of money for something we have never agreed to pay

Im liking DVardysShadow response???

It is slightly tongue in cheek, but it is something to keep in the back of your mind while this matter unfolds.

You say it looks like a solicitor's mistake - I would agree this is the most probable explanation. But you need to get to the bottom of what the mistake was in order to come up with a resolution.

I think you should ask for your solicitor to provide a full explanation in writing as to how this arose. At the moment, it is not totally clear which solicitor has made which mistakes. For example, if your solicitor did not pass on the Fixtures and Fittings form and the seller's solicitor assumed you had accepted, both you and your solicitor could be in the clear.

Has your solicitor now forwarded the form to you? I think you need this to decide what you want to make an offer on and what you want to charge storage for.

[Deleted User]

I am also wondering .., if its simply a mistake that the buyer wasn't asked for a sum of money to buy the fittings.., why it took the vendors a month to chase it up? If this was the original intention.., surely someone on the seller side should have noticed and raised the issue.., the buyer, surely, is not expected to be psychic and KNOW additional items would be left and needed to be paid for (even if the fact that there was no fittings sheet wasn't spotted and chased up).

If the items were left, with no agreement to buy .., after completion, surely (as others have said).., the items are then classed as 'waste'?

vikingaero

It sounds to me as though the Sellers solicitors have made the mistake.

If the Buyers solicitor had not forwarded the schedule of fixtures and fittings then they are to blame. If they had forwarded it but the buyers solicitor had not returned it nor corresponded further on it then that too is their mistake.

Solicitors can be very incestuous and try to cover each others backs.

fimonkey

businessreader wrote: »

Never suggested that you did ulfar, - read the other replies and you will see who is referred to in my response. Otherwise, you are right but I'd guess that removing a few items from around the kitchen and the curtains would be a lot cheaper than a massive quantity from the awkwardness of a loft.

Welcome to the forums businessreader,.. as you get to know more people here you will understand which responses are tongue in cheek. It is just a forum, which means its a place for people to give their 'opinions' which are seperate to 'facts' (though admittedly some posters don't always appreciate the difference).

BTW, you're not the financial director of my employer are you? you seem to have the exact same sense of humour. ... and just to add.. seeing a case go to court isn't always the last and most expensive option .. read through a few more posts on this board and you'll soon realise what I mean.

Nice to have virtually met you.

poppysarah

There are either two solicitors at fault or none...

One sends the list of F&F to the other... and then expects it to come back surely?

If one didn't get a list why didn't he chase this?

Mrs_Z

Hi, no they can't. In the paper work you should have a fixtures and fittings sheet detailing what items were included in the sale. If this was omitted because of solicitor's mistake - well, then let them sort it out between themselves - I'm sure they have appropriate insurance cover (professional indemnity I think). Of course they will try to come to you first asking for money as that would be the easiest option for them. You have no obligation to pay if you have not agreed to buy the stuff.

sonastin

deannatrois wrote: »

I am also wondering .., if its simply a mistake that the buyer wasn't asked for a sum of money to buy the fittings.., why it took the vendors a month to chase it up? If this was the original intention.., surely someone on the seller side should have noticed and raised the issue.., the buyer, surely, is not expected to be psychic and KNOW additional items would be left and needed to be paid for (even if the fact that there was no fittings sheet wasn't spotted and chased up).

If the items were left, with no agreement to buy .., after completion, surely (as others have said).., the items are then classed as 'waste'?

It might not have taken the vendors a month to chase it up - they might have started this process as soon as they realised that they hadn't received the extra money but it has taken a month for it to reach the OP.

e.g. the vendor might have had to wait for the completion statement from his solicitor if he didn't know exactly what was owing (mortgage redemption amounts and so on). Vendor then has to contact solicitor to ask why the money for the F&F he was leaving isn't on there. Solicitor checks his files and realises there has been a boo boo. Solicitor contacts buyers solicitor to discuss boo boo. Buyers solicitor goes away and checks his files. Solicitors make contact again to come up with some sort of resolution. Buyers solicitor agrees to send letter to his client asking for the missing money.

Anyone dealing with convenyancing solicitors can see how this process could easily take a month to get to this point - especially if Royal Mail is the preferred means of communication...