Modern Fireplace - fixtures/fittings, will it be left?

ellie27

We are in Scotland.

We have had our offer accepted and solicitor is putting offer in writing tomorrow.

The house has a modern fireplace similar to this...... http://www.ebay.co.uk/itm/ELECTRIC-WHITE-SURROUND-PEBBLE-FIRE-MODERN-CONTEMPORARY-WALL-FIREPLACE-SUITE-/201179070599

It is just a decorative fireplace. There is no chimney breast or anything.

Is this something that would normally be classed as a fixture/fitting?

Do we assume it will be taken?

When we got the written offer from our buyers there was a part that said the property including integrated appliances/carpets/blinds. Can our solicitor edit that to say.....and fireplace?

Thanks!

I_have_spoken

For sure, you're solicitor can return the draft missives sent by the vendor's solicitor and state the fireplace is assumed to be included in the sale for avoidance of doubt.

When I bought in Scotland in 2012 the missives were ping-ponged several times to agree an entry date and what was included or not. The vendors stated they were taking some fancy light fittings (which I hated anyway!)

AdrianC

Rough rule of thumb is that if you could pick the building up, turn it upside down and shake it, anything still attached is on the "fixtures and fittings" list.

But if you're particularly concerned about one thing in particular, ASK. If they were to take it, they'd have to make good any damage to - at least - a basic state of repair.

davidmcn

Depends on the wording of your solicitor's offer, but generally anything screwed into the property like this will be included, and it's up to the sellers to highlight anything they're planning to uninstall.

If your solicitor is using the Combined Standard Clauses then the relevant clause is:

The Property is sold with:
(a) all heritable fittings 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
(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, curtain poles and rings thereon; all carpets and floorcoverings (but excluding loose rugs), stair carpet fixings; fitted bedroom furniture; all bathroom and cloakroom mirrors, bathroom and toilet fittings; kitchen units; all cookers, hobs, ovens, washing machines, dishwashers, fridges and freezers if integral to or encased within matching units; extractor hoods, extractor fans, electric storage heaters, electric fires, electric light fittings (including all fluorescent lighting, external lighting, wall lights, dimmer switches and bulbs and bulb holders but not shades); television aerials and associated cables and sockets, satellite dishes; solar panels ; loft ladders; rotary clothes driers; burglar alarm, other security systems and associated equipment; secondary glazing; shelving, fireplace surround units, fire grates, fenders and associated ironmongery.

which certainly includes it. But by all means clarify it with your solicitor.