Missives - Cala Homes Incentives

MysteryJackson

I've recently put an offer in on a property which has been accepted (Scotland, home report value).
Our lawyers have now been in touch to advise that as part of a part exchange incentive Cala Homes are handling the sale of the property we're buying. The current owners have bought a new build, and as part of that sale Cala are going to take control of the property for one week to handle paperwork before it's signed over to us. Seems straightforward right? No...

Cala have removed any responsibility for missives, and have also removed the clause for any freestanding white goods which were part of our original offer. Which leaves us in a bit of a vulnerable position. Section from our lawyers:

they have deleted most of the clauses which confer a duty on them to warrant any appliances within the property as well as conferring a responsibility on them to ensure the Title Deeds are not defective.

Does anyone know if this is normal? Lawyers are confirming our position just now, but seems a bit odd to remove the ability to conclude standard missives, as, well, they're STANDARD! Not to mention the white goods, although I am assuming this is an oversight just now.

My assumption is that responsibility of missives will fall back to the current occupiers - yet to be confirmed. Spent the weekend in a rage about this, appears Cala have just rewritten the contract and thrown it over the fence.

Anyone know if this is common practice? Is there a solution that they just haven't relayed properly?

Thanks
AJ

davidmcn

Why in a rage? Your lawyer will tell you that this is normal for part-exchange properties, or pretty much any transaction where the seller isn't an owner-occupier.

The appliances probably work (go back and check if you like), and a warranty that they're working on the date of entry doesn't prevent them from breaking down a week later anyway. At the end of the day, what is a second hand washing machine etc actually worth?

Shifting responsibility for checking the title deeds onto the purchaser is also normal (your solicitor will be doing this anyway).

Not sure what else they've done but it's normal to negotiate the missives, the "standard" missives are just a commonly-accepted wording, they're not compulsory.