Advise: fixtures removed between exchange and completion :(

chrisnasah

Guys,

Hope someone can advise what my options are, i am due to complete tomorrow and went to view the property yesterday after much nagging.

The house am buying had Fans in the walls in all the rooms and the seller has agreed to keep them in the property, he said he did not need to write it down as it was fixture and bolted in.

Also the main thing is the whole house at the back had security grills which i loved about the property again same as above.

Now it seems because he has taken the fans out there are massive holes in the wall.

Worst is where this grills were, the tiling in bathroom is broken and other places have massive holes near windows and the main door at the back.

Can anyone advise where i stand with this? I spoke to seller and he says it does not say in the contract i will be leaving it... being fixtures isnt it same say him saying i took the door cos it does say in contract i was leaving it?

Can solicitors do anything, small claims court or do i just move on?

TrickyDicky101

Have you informed your solicitor about this? If so, what does (s)he have to say about it? Telling your solicitor is the first thing to do.

chrisnasah

Will do once they open up this morning, but just wanted some thoughts on it.

thegirlintheattic

My understanding was if it wasn't agreed in writing then it wasn't included in the sale. My your solicitor should be able to give you a better idea of where you stand.

pinkshoes

With fixtures and fittings, you need it written down, so you are going to have to argue that this is part of the structure and thus needs to stay.

If it's left massive holes, then I would say that these grills ARE part of the structure. At the very least they will have to pay to repair broken tiles etc... as they are not leaving it in the same condition as it was upon exchange.

olias

Have you exchanged? If not, then call his bluff. Tell him (through solicitors) that you will be reducing your offer by £x due to his actions and the repairs needed, or you will be pulling out.

Olias

SAMMYE_2

olias wrote: »

Have you exchanged? If not, then call his bluff. Tell him (through solicitors) that you will be reducing your offer by £x due to his actions and the repairs needed, or you will be pulling out.

Olias

Yeah see if anyone will buy the property in the state it is now! I think not!

GDB2222

Olias, Sammye, read the thread title.

OP, I'm sorry. If the fans were mentioned to the seller and he said he'd leave them, tell your solicitor that. Burglar grilles are part of the fabric unless specifically excluded from the sale - probably!

The worst is that your solicitor will probably tell you that it's not worth the cost of pursuing the vendors through the courts unless the damage will cost at least around £2k to put right.

chrisnasah

Result..finally.

After a number of calls to the vendor, it is agreed he will be sorting the holes in the wall and get it painted today, am welcome to go back there tonight to check on it.

With the grills, he gave me two options:

1. If i were to install an alrarm and security cameras etc he will fork half the cost provided i give him a proper receipt of the work. Plus on top he will sort the holes and tile damage caused by the grills.

2. He will get new grill for me and again we both share the cost.

Was having non of it and vendor just called again saying he will put the grills back this Sunday and said sorry for the misunderstanding. Basically he wants to leave the property in good terms.