Listed on schedule but not included in sale

danboy775

hi,

i have has an offer accepted on a property.
This is the schedule description of the utility room: "UTILITY ROOM With Bosch washing machine, freezer, central heating boiler and tiled floor"

When my partner viewed the property and asked where the washing machine was, she was told it was not included in the sale.

I was under the impresion that what is listed on the property schedule comes with the property is this not the case?

googler

That depends on whether you're buying in E&W, or Scotland, as these matters are treated differently in the different territories...

danboy775

I'm in Scotland

googler

In that case, consult your solicitor about the terms upon which he/she made your offer.

Most offers these days are made under the terms of standard clauses (which have some regional variations) - a typical version reads -

"FIXTURES, FITTINGS & CONTENTS

The Properly is sold with:
(a) all heritable fittinos and fixtures;

(b) all items of whatever nature fixed or fitted to the Property the removal of which would
materially damage the fabric or decoration of the Property;

(c) all items stated to be included in the sales particulars or advertisements made available to the Purchaser; and"

I've not quoted the whole clause, but the relevant bit is in bold.

The Full Version

If the WM has been removed, and was stated to be included in the sale, get your solicitor to negotiate with the selling agent or solicitor for an adjustment in the price.

Even though the clause sets out all that should be included, it's still possible to vary this before conclusion of missives with the agreement of both parties - or to vary the price to take account of the change.

danboy775

I have emailed my solicitor to see what she thinks.