Seller removing plants from garden

fairy-girl

We are in the process of buying a house in Scotland. To put it briefly, looked at lots and lots of houses but fell in love with this one and ended up having to offer over the valuation price to secure the sale.

We returned today for a second viewing (4 weeks prior to move date) to find bare flower beds where plants etc had been at the time of initial viewing and also photographed on the schedule. With 4 weeks to go before they leave, we are concerned that they will remove everything.

We feel incredibly annoyed about it but not sure the best way to handle it. I suppose we feel a bit 'done' as we are paying over the odds as it is, the least they could do is leave the flowers! They are also taking a nice light fitting but this was mentioned in the schedule.

Nothing is signed yet :cool:

bossymoo

Were they perhaps bedding plants that have gone over with the season coming to an end? If not, it's a bit tight and they ought to have mentioned it. Just call the estate agent and ask what's happened.

geoffky

My garden area looks different from last week as i have removed all my summer plants that had turned scraggy.... I would be worried they will take the kitchen sink...

advice_please_2

We've been given some plants from my bro in law in that industry and has told us to take a few plants when we move

If it was the case when should we mention it's not included with the house

googler

The OP is in Scotland. Assuming OP to be buying in Scotland, different rules apply. There's no F&F list, for a start.

OP should contact their own solicitor and check what form the offer was put in, whether it used local standard clauses, or otherwise. The standard clauses are typically worded as follows;

"FIXTURES, FITTINGS & CONTENTS
The Property is sold with:

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

(d) the following insofar as any were in the Property when viewed by the Purchaser: garden shed or hut, greenhouse, summerhouse; all growing plants, shrubs, trees (except those in plant pots); all types of blinds, pelmets, curtain rails and runners, etc etc"


If the seller's actions are contrary to whatever form of contract clause is being used, OP should get their solicitor to contact seller's solicitor to either get the borders reinstated (assuming the plants are healthy, and aren't being because they're diseased) or to discuss an amendment to the price to take account of their removal.

googler

fairy-girl wrote: »

We feel incredibly annoyed about it but not sure the best way to handle it.

Contact your solicitor first thing tomorrow, as I've described above, and explain the situation to him/her, to be actioned broadly as above

googler

advice_please wrote: »

We've been given some plants from my bro in law in that industry and has told us to take a few plants when we move

If it was the case when should we mention it's not included with the house

If you're in Scotland, specify all exclusions from the sale in the sales particulars.

Others can advise when in E&W

rpc

Googler's advice is correct and you should ask for reinstatement but there is also usually a triviality clause. ESPC standard clauses prevent you making a claim against the seller for less than £250. If the value of the plants (and any other missing items) is less than that then you will probably have to grin and bear it.

However, you have not moved in yet so cannot claim and the best thing you can do is instruct your solicitor to pass on some stern words in the hope that they put things back.

POPPYOSCAR

Sorry, had a wry smile when I read this.

In one house purchase we made, the vender was in the garden digging up plants as we moved in!!

googler

rpc wrote: »

Googler's advice is correct and you should ask for reinstatement but there is also usually a triviality clause. ESPC standard clauses prevent you making a claim against the seller for less than £250.

Yes, the OP could only make a claim in this way after completion, but as you say, the seller's actions put him/her in breach of contract before completion, and warrant strong words from the buyer's solciitor to rectify before either party goes any further.

The ESPC don't have standard clauses - the Law Society of Scotland and the Conveyancer's Forum do.

Do you mean the Edinburgh Standard Clauses?

phoebe1989seb

POPPYOSCAR wrote: »

Sorry, had a wry smile when I read this.

In one house purchase we made, the vender was in the garden digging up plants as we moved in!!

Gosh, how embarrassing for them. What did you - or they - say?

A few years back we looked over a house and when we got to the (very well-established and perfectly laid-out.) garden, the vendor explained they would be taking most of the shrubs from the flowerbeds to their next property.....suffice to say we didn't buy that house!

However, when we sold our house last year we did ourselves dig up a few plants to take to our new home as our buyers had already told us of their plans to significantly alter our landscaped garden, although we did replace them with cheap bedding plants. We were glad we did take them though, as when DH had cause to go back to our former home a couple of weeks after completion he discovered that the new occupiers had been given a chainsaw as a housewarming gift and had decimated the gardens almost entirely