Where do we stand?

Emma18

Yorkie1 wrote: »

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?

No - they didn't describe it in the printed details, but yes, when we looked around with the vendor we spoke about how nice it was and how much the children will love it as a play-den. They didn't say at that point it wasn't included.


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.

I would say it was reasonable for us to not have to specify it as extra - it was a real shock to us when they asked for money!



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.

I think you are right - they did accept a lower offer and it feels like it's their 'payback'!

Thrugelmir

Emma18 wrote: »

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.

Always be totally clear about what is being included in a property sale price when making an offer. The floorplan showed a position of a base thats all (presumably concrete). Your assumption was the actual construction was included. Often there is negotiation as to what the vendor is taking with them or willing to sell. This extends to kitchen appliances , curtain tracks, garden plants i.e. all kinds of removable items.

TrickyDicky101

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 think this is an excellent suggestion - removal of any concrete base and restitution of the land would cost far more than whatever value they place on the summer house. I don't think I would be very accommodating towards your vendors. In the current climate, they are not in a position of strength.

When we sold recently, we included all three sheds (all in good condition and had been re-roofed) in the sale - I could have asked a few pounds for them I suppose but what on earth would I have done with them if the buyers turned around and said "No thanks, please take them away"?!

pinkshoes

Agree to the £500 for it, then drop your offer by £500, as your offer was for the house AND the summerhouse.

lincroft1710

Emma18 wrote: »

No - they didn't describe it in the printed details, but yes, when we looked around with the vendor we spoke about how nice it was and how much the children will love it as a play-den. They didn't say at that point it wasn't included.

If it wasn't described in the printed details, then that does suggest the summerhouse wasn't included in the asking price. Vendors don't always acknowledge or respond to comments (rather than specific questions) that prospective purchasers make when viewing.

I don't think you'll get far by trying to reduce your offer by £500 as EA or vendor will point out the summerhouse was excluded from the sales particulars.

DVardysShadow

lincroft1710 wrote: »

If it wasn't described in the printed details, then that does suggest the summerhouse wasn't included in the asking price.

But the OP thought she was getting it, so it is included in the offer price.

Where we are now, is that the offer price has been agreed , but the scope of what is included in the offer is not agreed.

There is no right or wrong on this [although £1 to 1p, the sellers were trading on ambiguity here]. It has to be renegotiated. I would be dropping the offer by the lower of the asking price for the outbuilding or the cost of replacing.

vickyj

I would defo be revising my offer to include the making good o the base. I am part exchanging my house and i have to make good everything that is removed down to rawl plugs for curtain poles ect.

princeofpounds

Just to be clear, this is a temporary structure that comes under the same regulations as a shed? Or something more permanent that might actually have required planning permission (Which they presumably don't have)?

And they only intend to take the structure, not the land it is sited on?

If I were you, especially given that you only shelled out for a homebuyer's survey, I'd call their bluff and tell them that your offer was made including the shed and that they either include it or get a lower offer, and even be prepared to walk away if necessary.

The agent won't be so flippant then when they see their commission heading down the pan.

lincroft1710

DVardysShadow wrote: »

But the OP thought she was getting it, so it is included in the offer price.

Where we are now, is that the offer price has been agreed , but the scope of what is included in the offer is not agreed.

There is no right or wrong on this [although £1 to 1p, the sellers were trading on ambiguity here]. It has to be renegotiated. I would be dropping the offer by the lower of the asking price for the outbuilding or the cost of replacing.

Fair comment. But I would suggest that the offer should only be dropped by £500 as this is the value the vendor places on the summerhouse.

However unless the offer is well under £100K, £500 is a trivial amount.

Emma18

thanks everyone for your comments - we are still really unsure what to do. We are near to exchange, we want the house and don't want to walk away. We have the added issue that we are very likely to see the vendor after the move has taken place and it could make for a very awkward situation that we would rather avoid.

I'm really cross about it but worried that if we make too much of a fuss, they will call our bluff and take it away - and we really want it! Don't know whether to just leave it as a casual 'we don't wish to pay any more money for it' and hope that they can't be bothered to remove it.....

I LOVE all the suggestions though and have played through saying them all to them in my mind!!:D