Seller removing plants from garden

rpc

googler wrote: »

Do you mean the Edinburgh Standard Clauses?

I meant the standard clauses currently in use by ESPC, which I believe are the Edinburgh Standard Clauses, drafted by the Edinburgh Conveyancers Forum. Pedant :-) I used the figure from there but didn't want OP to think that her offer would be under the same conditions.

I am not convinced that the seller is in breach yet - the obilgation is to deliver the house on completion as it was when it was marketed. It is almost certain the seller is going to breach the contract, but the terms of the offer probably don't stop the seller doing something as long as they reinstate it. The best comparison I can think of is removing a window (I live in Edinburgh, the land of sash and case where sofas have to go in and out the windows). Not a breach itself, but it would be if the window were not reinstated

I cannot fathom any reason other than taking the plants out other than to deprive the new owner, but I do not believe a breach has happened yet. The sellers need a strongly worded letter pointing out that they *will* be in breach not that they are.

Anyway, the OP has a solicitor acting for them and they are the correct person to raise this with.

Ivana_Tinkle

OP - if you really do mean "flowers", rather then shrubs or trees, I don't mean to be patronising but, as bossymoo says, they're almost certainly summer bedding plants which are finished now and your vendor has done you a favour by clearing up for you!

Davesnave

When we last sold, a lot of stuff in the garden was mass-staged in pots rather than permanent planting. By late autumn this became more obvious, so our buyers were not deceived.

Nevertheless, it did look very empty when our huge collection was removed.

I needn't have worried though. Three years on and the garden proudly boasts several National Collections, notably those of the dock and dandelion families! :rotfl:

OP there's a big difference between flowers in 'beds' and what I'd call structural planting, so which is it?

googler

Dave, the typical standard clause that I quoted above has the key - all growing plants shrubs and trees are to be included in the sale with the exception of those in pots.

If plants in the ground are to be excluded, this can be specified as an exclusion from the sale in the particulars.

If plants in pots are to be included, this can likewise be specified as an 'extra' in the particulars.

POPPYOSCAR

phoebe1989seb wrote: »

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

Neither of us said anything, I was busy getting everything moved in.

I was not at all surprised as they had already asked us to pay for them to have a phone line put in their new house(as they were leaving us with one and the new house did not have one!) They also wanted something towards the carpets, which were ancient, needless to say we told them we did not want them.

Not one light bulb remained either.

It can be a very strange experience moving house.

Cortinaa_GTR

(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"

Aren't c & d slightly contradictory?

So what about a couple of garden sheds that can be seen in the sales schedule pictures and were there when we viewed the property but are not specifically mentioned in the schedule. Should I expect them to be included or not?

Yorkie1

Not really contradictory. (d) provides a specific list of items deemed to be included in the contract. (c) allows the seller to add extra items not in the list elsewhere.

Cortinaa_GTR

Not really contradictory. (d) provides a specific list of items deemed to be included in the contract. (c) allows the seller to add extra items not in the list elsewhere.

So the owner asking if I want to buy the sheds separately can be frowned upon then? Why breach such an obvious standard clause?

googler

Parnott wrote: »

So the owner asking if I want to buy the sheds separately can be frowned upon then? Why breach such an obvious standard clause?

Because he/she either is unaware of them, or needs to be reminded of them by their solicitor. However, if no offer has yet been made....?

Cortinaa_GTR

Because he/she either is unaware of them, or needs to be reminded of them by their solicitor. However, if no offer has yet been made....?


Offer has been accepted, awaiting lenders valuation report because they won't accept sellers home report.