Applicance missing that was meant to be included

chelseablue

We completed on our house purchase on Friday.


On the contents form the vendor ticked that the fridge freezer was to be included.


Got to the property Friday and they've taken it with them.


Before I get my solicitor involved I've left a message with the EA to call me as it may be a genuine mistake.


Has similar happened to anyone else? What was the outcome?

Davesnave

chelseablue wrote: »

Has similar happened to anyone else? What was the outcome?

Yes, but we did a good deal on the property, so something minor, like an oven being totally U/S, wasn't really a big issue.

We found a replacement on ebay and got on with our lives.

Edit: Just to add that it seems very common for something to 'go missing' or not to be as expected when moving into a new property. If it's really just a lost fridge/freezer of low value, I'd be quite pleased!

eddddy

Essentially, the seller has breached the contract.

In pure legal terms, you have the right to be put in the same position you would have been in had the contract not been breached.

Had the contract been performed you would now have a second-hand fridge freezer in your kitchen.

So the restitution might be that the seller puts the fridge-fridge freezer back in your kitchen...

... or pays you an amount to buy an equivalent second-hand fridge-freezer and have it delivered to your kitchen.

Depending on the monetary value involved, it probably won't be worth getting a solicitor involved. So it's up to you how hard you want to fight.

AdrianC

Unless you can come to some kind of amicable agreement, then you can take them to court for the value of an equivalent spec and age used fridge-freezer.

Whether that's worth your time, effort and blood pressure is another question.

DRP

I think you've done the right thing in asking the EA.

If it is a genuine mistake then that should sort it out. If you have dishonest vendors then arguably it isn't worth the hassle (unless it is a particularly valuable f-f) to go the legal route.

Possibly a letter-before-action if enquiries come to nowt, but tbh I'm not sure I'd waste my blood pressure on pursuing it...

Davesnave

DRP wrote: »

I think you've done the right thing in asking the EA..

Agreed. That costs nothing. Any other route begins to cost, and unless it's something special, the hassle may not be worth it.

chelseablue

Thank you all.


Its not really the money (you can get a fridge freezer for about £200)


Its just we were expecting it to be there so we left our fridge and freezer for our buyers.


So our frozen food has had to be binned plus with a young son who's bottles need to go in the fridge its just the inconvenience really

AdrianC

chelseablue wrote: »

Its not really the money (you can get a fridge freezer for about £200)

New. Your dispute is over a used one.

Its just we were expecting it to be there so we left our fridge and freezer for our buyers.


So our frozen food has had to be binned plus with a young son who's bottles need to go in the fridge its just the inconvenience really

You didn't move on a Sunday, I presume? You could have easily gone to your local large supermarket or out-of-town electrical retailer and bought a fridge/freezer from stock and hired a van or borrowed a larger car to collect it.

If you'd got there and found it present but unplugged and defrosted, you'd still not have been able to move frozen food straight into it.

chelseablue

Yes we moved on Friday. So could have got one over the weekend I agree.
On the other hand why should we have to if one was meant to be there.
The more cash we can keep in our pocket the better

AdrianC

chelseablue wrote: »

Yes we moved on Friday. So could have got one over the weekend I agree.

You have no claim for losses arising - especially when there's a failure to mitigate them.

On the other hand why should we have to if one was meant to be there.
The more cash we can keep in our pocket the better

Agreed. They owe you the value of a used fridge-freezer of a similar age, quality and condition. What are we talking? £50 tops?

DRP

AdrianC wrote: »

You have no claim for losses arising - especially when there's a failure to mitigate them.



Agreed. They owe you the value of a used fridge-freezer of a similar age, quality and condition. What are we talking? £50 tops?

problem is they were left in limbo, not knowing if there'd been a mistake - in which case they would be wasting their cash on a new freezer...