Completed last week - vendor has taken integrated washing machine - advice please

pinkteapot

If OP has the time and inclination to pursue this then they should. Vendor shouldn't think they can get away with ignoring the F&F list (if that's what happened), and solicitors shouldn't think they can get away with not passing on an amended F&F list (if that's what happened).

It's a matter of principle but £500 is not an insignificant amount of money. If the vendor was at fault, what's to stop them taking even more expensive things next time they sell?

phoebe1989seb

I'd also be cheesed off if I were the OP, but more about the principle of the implications of the F&F being ignored tbh and with regards to the washing machine itself, I'd just move on. IMHO, if it went to court I don't expect you'd get the cost of a new integrated WM as it wasn't a new one that was taken by the vendor......

Not the same scenario, but this was our experience when we sold our last house.......We had an eight year old £2000 freestanding Rangemaster oven that we fully intended to take with us to our new purchase. This was explained to our EA from the outset of marketing and it was omitted from their blurb. We accepted an offer within the first two weeks, but it wasn't till immediately prior to exchange that we discovered our buyers had been mislead by our EA into believing the oven was included in the sale - we had left it off the F&F form - as confusion arose when a different member of staff confused an Aga (also in our kitchen) with the Rangemaster (made by Aga), so they had been at cross purposes all along

To cut a long story short, we (and our buyers, who threatened to withdraw from the purchase at this point as a result of us insisting we were not throwing in a £2k oven when they'd already got an amazing deal on the house) attempted to persuade the EA it was their mistake. Whilst the EA accepted responsibility, they merely offered us the cost of a second hand range cooker - £250 IIRC - and despite us threatening them with The Property Ombudsman they refused to increase their offer, stating that they weren't giving us the price of a new one as ours wasn't new! Fear of losing the sale and our onward purchase led us to accept......

We picked up exactly the same model (in fact slightly newer than ours) on Preloved for £300, when second hand ones were selling on eBay for £1000+

Obviously we could have fought them on this, but felt that life is too short to be arguing over a few hundred (or indeed thousand) £££££. We just moved on, which is what I'd be doing if I were the OP

polarization

I agree with Baz2476 that the principle is more important than the amount of claims. That is the point of contract and getting all the documents signed.

When we look at the situation from an opposite direction. If Baz2476 agreed and signed to pay £100 to keep the Washing Machine, then he/she told the vendor on the completion date that he/she don't want the washing machine. Will the vendor let Baz2476 off? I am sure he/she still need to pay for it and deal with the unwanted washing machine himeself/herself.

nodiscount

On a practical note, how is the op going to sue the vendor without the vendor's address?
I can't see the solicitor or estate agent passing it on, may even be breach of data protection act.

ValHaller

nodiscount wrote: »

On a practical note, how is the op going to sue the vendor without the vendor's address?
I can't see the solicitor or estate agent passing it on, may even be breach of data protection act.

Vendors solicitor will probably have a duty to disclose under these circumstances. DPA should not come into play to shield vendor from this.

maninthestreet

The OP seems to getting into a spin over this.

ReadingTim

maninthestreet wrote: »

The OP seems to getting into a spin over this.

He probably feels like he's been rinsed by the vendor.

maninthestreet

ReadingTim wrote: »

He probably feels like he's been rinsed by the vendor.

...and hung out to dry??

makeyourdaddyproud

nodiscount wrote: »

On a practical note, how is the op going to sue the vendor without the vendor's address?
I can't see the solicitor or estate agent passing it on, may even be breach of data protection act.

Sequestration of mail forwarding details from RM, possibly backed up with a court order, if necessary.

JQ.

jbainbridge wrote: »

I know £500 might be a small amount when you consider the costs of moving house but not all of us can write off that amount of money.

Good on you OP ... let us know how you get on. Good luck!

But they're not writing off £500, they are writing off the cost of a secondhand integrated washing machine, which are £50 on Ebay.