Problems on completion - warning to others...

LouiseK_2

We completed on Friday (our first flat). Although it all went ahead by mid-morning, the vendor wouldn't give us the keys until after 6pm. :mad: We spent the whole day waiting round, calling up solicitors, estate agents, etc. trying to get this sorted.

When we entered the property, we found out that the vendor had ripped out the gas range cooker and replaced it with a really old horrible one which did not fit. It soon dawned on us that the reason he wouldn't give us the keys any sooner was that he was busy replacing the cooker with the one in his old property (we had spent the week prior to exchange, negotiating that the cooker would stay. The vendor had previously tried to offer us the cooker in the house he was buying but we refused and so eventually he agreed that the original cooker would stay provided we completed quickly).

As well as taking the cooker, he took the extract fan and damaged the kitchen. But it gets worse......we then realised we could smell gas (a lot of gas) _pale_ so we immediately switched off the gas and phoned the emergency gas number. The gas man who came tested the appliance and told us that the gas cooker itself was dangerous and not fit for use, in addition if the vendor fitted the cooker himself and did not use a CORGI registered person, then the fitting was illegal and if a CORGI registered person had fitted it, they should be struck off. The gas man sealed off the gas, so that we could at least turn the gas back on and have heating.

We now have no cooking facilities (apart from a microwave) and have the hassle of trying to sort this mess out.

My warning to house buyers is that, just prior to completion, arrange for the keys to be left at the estate agents, or some other neutral place, so that you can gain access to your property as soon as completion takes place, and advise your solicitor not to release the money until this has happened. If we had done this, we feel we may have been able to stop him essentially stealing our property or at least get the solicitors involved that very day, instead of having to have a very anxious wait over the weekend.

hazeyj

Blimey, I would contact your sols asap to see what they say. If you completed mid morning it must be classed as theft anyway?

At least you can prove that he has removed fixtures and fittings as the evidence will be there to see in the estate agants photoes.

Good luck! (and congrats).

lewolf

We once had a similar thing happen. the vendor was supposed to remove their old greasy cooker and didn't ( so we had to hire a skip at our expense). Plus we paid extra for carpets and curtains and there was a large fresh tea stain on the cream carpet.

We tried to get it sorted but the vendor refused. Bar taking him to court at our expense we put it down to a bad experience.

All because we completed in four weeks instead of 3.5!

clutton_2

some people really are the limit - how would he like it if you went to the police and had him charged with attempted murder ???? Seriously, this was GROSSLY dangerous - your solicitor should be recommending serious and instant action !!!!

AMILLIONDOLLARS

Sounds like he is in breach of contract, is the cooker in your fixture and fitting list? did the negotiation take place with your solicitors? I would contact your Sols asap and get them to start the ball rolling on a claim, criminal damage also sounds likely as well.


Good luck

AMD

Take lots of pictures of damage done and keep gas report

panholio

I'd push this as far as you can with your solicitor. The vendor sounds like a complete ****.

Hope he gets what's coming to him to be honest!

Nenen

So sorry to hear of your difficulties re the cooker etc. The awful behaviour of some people never ceases to amaze me! The problem is that although legally you are in the right, it might cost more than it's worth to fight it! At least that is what happened to us when we bought our first house 22 years ago. Our contract stated that the garden shed would be staying along with the light fittings, carpets and curtains. When we got to the house for the handover at midday the vendor was literally standing at the front gate waiting for us, he handed us the keys, lept in his car and drove off. When we got inside it became obvious why! Not only were all the light fittings gone so were the bulbs for every light in the house! Only the front curtains remained (those that could be seen from the road) and the garden shed had been stolen. When we contacted our solicitor he told us that it would cost us more to pursue the vendor through court than the items were worth so we just had to take the loss (I prefer to say theft)! Hopefully, nowdays with small claims courst etc it might be more possible for you to get money refunded. Our estate agent told us the vendor had done this because he felt we had 'made' him drop the price too much and this was his way of clawing some money back from us!!!! Why on earth did he accept our offer if he felt that???? I suppose he had to find a way to justify his theft to himself!

richt71

My father (for his sins) is a lawyer. As stated you need to see what's listed in your fixture and fittings as you may have a breach of contract. As said though it's really low for someone to do this. Although my dad had a case where he was acting for a buyer and the seller removed all the wall light fittings throughout the house. Had to threathen to sue him for breach of contract before it was resolved. Some people! :rolleyes:

MegS

Unfortunately Nenen is right, it will probably cost more to take the vendor to Court to enforce action than it would to replace the cooker etc. We had clients who moved in to find the light fittings removed, client didn't like the look of the wires hanging down, went to turn the electric off so he could replace the light fittings only to find the vendors had put tin foil in the fuse box and all the wires were live!!!! We wrote to the vendor's solicitors but they couldn't get instructions from their clients so our clients were faced with the decision of pursuing it (and paying out a lot of money in reports etc etc) or dropping it.

Alan_M_2

Maybe this I where I'm a fool, but I'd sue on principal whatever the cost.

Surely you're talking less then £3000 so wouldn't this be a small claims issue at a fixed cost anyhow?

Rick62

Yes, if you take him to small claims it is fairly cheap and you don't need to use a lawyer and he is so obviously in the wrong.