Where do we stand?

Emma18

Hi

We are in the process of buying a property and the estate agents printed details of the house included an outbuilding in the floorplan. We had 3 viewings on the property - the 3rd being after our offer was accepted.

At no time in the first two viewings did the vendor say that they were not including the outbuilding in the sale and so we assumed, as it was on the plan that it was included in the purchase price.

Now they are saying it is not included in the purchase price and are asking extra money for it.

I told the estate agent that the details and the vendors not saying from the outset was misleading and that we aren't happy about it, but they just mumbled something about the details don't accept any liability for forming a contract blah blah.

Do we just have to put this down to bad luck and pay the money if we want it or can we go back to them on this....?

Thanks

BitterAndTwisted

What would I do? Not be held to ransom and I'd also tell them to take the ruddy outbuilding if they want to. I wouldn't pay them a flipping extra cent for their fancy footwork.

pararct

Possibly an error between vendor and agent possibly a cynical attempt to get some more money from you..

What is the layout of the property? Will the outbuilding be of any use to them if you own the main property? Would they for example have to cross your land to get to it?

I would be tempted to revise the offer downwards on the basis of the misleading agents description and let them argue it out with the agent who made the error, sit back for a week or two and see what happens.

KRB2725

I would be inclined to withdraw my offer or tell them to dismantle and take it.

I also would be interested to see the copy of the details that the agent got the owners to sign off - did the agent not tell prospective buyers or did the vendor not tell the agent about it's exclusion from the sale?

pararct

Is it a shed/garage or otherwise temporary garden structure which is being discussed here? From the description the OP made I assumed (probably wrongly) this was a substantial building in the grounds like a stable of something.

If a shed tell them you don't want it. B&Q put them in their sales often enough.......

Emma18

Yes, trying to be a bit vague cos I'm paranoid they might read this!:)

It is a substantial size summer house that could retail new anything from £800 at the cheaper end - but they said it cost a couple of thousand!

I think we might have to ask to go back and look at it again to try and determine what it really might have cost them and therefore whether it is worth offering any money....they want £500 for it but I just do not want to be ripped off!

We initially said 'No' - as you say, matter of principle, we refuse to be played on this......still feel a bit like that really.

That's why we wanted to know legally where we stand, because we'll fight for it if the law would be in our favour - with out that, yes - would rather tell them where to stick it!:D Then hope that they can't be bothered to take it apart and move it!

Yorkie1

In addition to being on the floorplan, was it also described in the actual particulars? And when you looked round, did whoever showed you round refer to it / point it out etc?

Also, the freehold of the land and all that is on it, is what you would usually expect to be conveyed.

What I'm trying to get at, is whether it was reasonable from everything said and done for you not to have to specify the building as an added extra in the offer you made.

The EA is being pretty blase about this; he is right that the contract is the only binding document as far as the sale is concerned, but he should also be thinking about the Property Misdescriptions Act.

Depending on how close to the asking price you were, and how much you think you a) want it, and b) would pay to reinstate it from new, I'd consider telling them that they have clearly misled you and that you're not prepared to budge. I suspect that they put it on the particulars with the intention of probably including it in the sale, but that your offer was slightly lower than they hoped hence now trying to get more money out of you.

Ultimately, you will need to decide whether it's a deal-breaker and perhaps whether you are prepared to continue buying the house if you can't trust the sellers (not suggesting this is what you should do, but it's the ultimate sanction to walk away completely).

Out of interest, has the surveyor been round yet? Is it in his survey and does the mortgage company think it's lending on it?

cte1111

Legally - they can change what they include in the sale up to the point of exchange. I wouldn't pay any extra money for it. In fact, I would put in writing that if they are removing it, I would reduce my offer to cover the cost of making good the damage done, e.g. removal of concrete base etc, which would cost say £2000.

timmyt

cte1111 wrote: »

Legally - they can change what they include in the sale up to the point of exchange. I wouldn't pay any extra money for it. In fact, I would put in writing that if they are removing it, I would reduce my offer to cover the cost of making good the damage done, e.g. removal of concrete base etc, which would cost say £2000.

i agree, some sellers are plain greedy and also stupid

Emma18

Thanks for your replies. I like cte1111's suggestion about them paying to make good if they remove it.

Mostly it's just a shame that it's bringing bad feeling into the transaction. It feels like an even harder kick in the teeth because we have been generous to our buyers, not charging for our playhouse as we thought we'd be going to a property which included one already!

I guess it doesn't always pay to be nice eh!

Emma18

Yorkie1 wrote: »

Out of interest, has the surveyor been round yet? Is it in his survey and does the mortgage company think it's lending on it?

I'll have to check back on this. We have had the Homebuyers survey done but don't recall if it's mentioned or not.