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fixtures & fittings lists - are they binding before exchange?

We've received a F&F list that states that most items in the kitchen are to stay. We've just viewed the property again to find that many of these items have been removed.

Are F&F lists legally binding, even before exchange? Admittedly, the kitchen goods were old but we were counting on using them before we extend the house: we don't want to re-instate these items for the few months before we (hopefully) get planning permission to extend the kitchen.


TIA
"Science is a wonderful thing if one does not have to earn one's living at it" Einstein 1951
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Comments

  • david29dpo
    david29dpo Posts: 3,870 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    No, nothing is binding till exchange. if you feel strongly, get the seller to amend the F&F
  • Grimbal
    Grimbal Posts: 2,334 Forumite
    Part of the Furniture Combo Breaker
    thanks - very interesting. So, what would have happened had we not viewed before exchange, exchanged successfully then realised these items had been removed? I guess the answer is that one should _always_ view before exchange to ensure the property is as it was upon the acceptance of the offer.....?
    "Science is a wonderful thing if one does not have to earn one's living at it" Einstein 1951
  • david29dpo
    david29dpo Posts: 3,870 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If that happens you can inform your solicitor (on completion day is best) and they can inform the sellers solicitor. The sellers solicitor can (depending on value) withhold money.
  • The main point here is that you need to check before completion if you have any concerns. After the event the cost of taking the thing to court is usually a lot more than the value of the items.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Grimbal
    Grimbal Posts: 2,334 Forumite
    Part of the Furniture Combo Breaker
    thanks again all. To clarify then, if I had noticed that the items had been removed after exchange, I could have reasonable grounds for being miffed. Before exchange however, and even after they have declared that these items are staying, the F&F list is purely decorated paper? :p I could therefore, ask for another viewing post-exchange & then notice that the f&f list didn't tie up with the property contents?

    It's not going to make a difference to the purchase, I'm just interested to understand the concepts of it all!
    "Science is a wonderful thing if one does not have to earn one's living at it" Einstein 1951
  • david29dpo
    david29dpo Posts: 3,870 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    No, the F&F is not a decorated piece of paper, it is part of the contract. If that contract is broken, you can sue.
  • bristolben
    bristolben Posts: 45 Forumite
    The main point here is that you need to check before completion if you have any concerns. After the event the cost of taking the thing to court is usually a lot more than the value of the items.

    Slightly OT, but what happens if a buyer walks into a house after completion (and vendor has left) and the house is filthy dirty. Other than man-ing up, is there anything the buyer can do?
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also, don't forget, you agreed a price which included those items. Seeing as you've found out before exchange, you could still negotiate on price.

    It depends how stubborn you are and what your principles are like... a lot would just write it off (not necessarily a bad thing - I know how stressful house buying can be). I'm stubborn and like to play fair. I would reduce my offer and would be willing to walk away and lose it. Some people can be so damn rude - I can't stand liars. Why say they're leaving stuff when they had no intention of leaving it.

    If you were buying a car with say alloys, a CD player, and leather seats and got there to find them all missing, would you still pay the same price?

    Jx
    2024 wins: *must start comping again!*
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bristolben wrote: »
    Slightly OT, but what happens if a buyer walks into a house after completion (and vendor has left) and the house is filthy dirty. Other than man-ing up, is there anything the buyer can do?

    There's nothing to say a house has to be left clean!

    The one I bought was far from clean by my standards. Wasted a day scrubbing the kitchen. Some of the rest of the house still needs a good going over...

    Jx
    2024 wins: *must start comping again!*
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    bristolben wrote: »
    Slightly OT, but what happens if a buyer walks into a house after completion (and vendor has left) and the house is filthy dirty. Other than man-ing up, is there anything the buyer can do?


    Yes. Play it cool and clean the house. Remember that people always get the odd bit of post sent to their old house and you could if you wanted just put it in the bin.
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