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Vendor taken furniture that was supposed to be included in price!
smallwood225
Posts: 7 Forumite
Hello,
This is my first post on the MSE forums, so hopefully I'm posting in the right place.
Basically, I have purchased a flat where the vendor offered to include all furniture in the sale (it was her way of encouraging me to pay the asking price that she was after, rather than the offer I initially put in). As someone moving from a flatshare, I thought it would be a good idea as I have no furniture of my own and it can be quite expensive to buy everything. The flat had previously had a tenant in it so the vendor seemed to have no need of the furniture.
When I received the contract and paperwork from the vendor pre-exchange of contracts, the vendor had simply struck through the sections on what fixtures, fittings etc would be left and simply written at the end of the document 'All furniture to be left for buyer' or words to that effect. This vagueness left me a little nervous, so I arranged with the estate agent to visit the property (now vacated by the tenant) to note down what furniture was there. I took photos of various pieces and then wrote a list of what was there and what I wanted and emailed it to the estate agent.
My first issue came the day before completion, when I received an email, via my lawyer, from the lawyers of the vendor claiming that the vendor had been doing some 'cleaning' and managed to break the dining room table and two chairs. I tried to get her to give me money, but instead she has fobbed me off with a worse table. However, as the wranglings were holding up completion and she had offered an alternative, I felt I didn't have any other choice.
I completed on Monday, collected the keys and visited the property. While there, I discovered that as well as the table she 'broke' (blatantly just took), she had also taken a chest of drawers from the bedroom, a mirror and a leather box chest from the living room. These were all noted in my list that I emailed to the estate agent and which I expected to be left in the property.
Not surprisingly, I was extremely annoyed and emailed my lawyer. They have contacted the vendors lawyers (yesterday) and I then asked my lawyer to chase them up today. The vendors lawyers have said she is calling them to discuss the matter this afternoon.
My question is, surely the vendor is in the wrong here? She's breached her contract (which said she'd leave all furniture) and has effectively 'stolen' property that belongs to me as it was included in the purchase price.
I'm just really frustrated that she would even try to pull this and wondered if anyone had any experience of this, or if you had any feedback. Apologies for the long message. Thanks!
This is my first post on the MSE forums, so hopefully I'm posting in the right place.
Basically, I have purchased a flat where the vendor offered to include all furniture in the sale (it was her way of encouraging me to pay the asking price that she was after, rather than the offer I initially put in). As someone moving from a flatshare, I thought it would be a good idea as I have no furniture of my own and it can be quite expensive to buy everything. The flat had previously had a tenant in it so the vendor seemed to have no need of the furniture.
When I received the contract and paperwork from the vendor pre-exchange of contracts, the vendor had simply struck through the sections on what fixtures, fittings etc would be left and simply written at the end of the document 'All furniture to be left for buyer' or words to that effect. This vagueness left me a little nervous, so I arranged with the estate agent to visit the property (now vacated by the tenant) to note down what furniture was there. I took photos of various pieces and then wrote a list of what was there and what I wanted and emailed it to the estate agent.
My first issue came the day before completion, when I received an email, via my lawyer, from the lawyers of the vendor claiming that the vendor had been doing some 'cleaning' and managed to break the dining room table and two chairs. I tried to get her to give me money, but instead she has fobbed me off with a worse table. However, as the wranglings were holding up completion and she had offered an alternative, I felt I didn't have any other choice.
I completed on Monday, collected the keys and visited the property. While there, I discovered that as well as the table she 'broke' (blatantly just took), she had also taken a chest of drawers from the bedroom, a mirror and a leather box chest from the living room. These were all noted in my list that I emailed to the estate agent and which I expected to be left in the property.
Not surprisingly, I was extremely annoyed and emailed my lawyer. They have contacted the vendors lawyers (yesterday) and I then asked my lawyer to chase them up today. The vendors lawyers have said she is calling them to discuss the matter this afternoon.
My question is, surely the vendor is in the wrong here? She's breached her contract (which said she'd leave all furniture) and has effectively 'stolen' property that belongs to me as it was included in the purchase price.
I'm just really frustrated that she would even try to pull this and wondered if anyone had any experience of this, or if you had any feedback. Apologies for the long message. Thanks!
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Comments
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smallwood225 wrote: »Not surprisingly, I was extremely annoyed and emailed my lawyer. They have contacted the vendors lawyers (yesterday) and I then asked my lawyer to chase them up today. The vendors lawyers have said she is calling them to discuss the matter this afternoon.
I suggest you wait to see what their response is.
It's not clear from your post whether the furniture ended up being included in the contract - is your lawyer's advice that it is?
What sort of value of furniture are we talking about?0 -
The furniture is definitely included in the contract. And in terms of worth, the furniture is not really worth that much (probably only a couple of hundred pounds or so), but it will be really annoying to have to buy items myself, not least because they won't match the furniture that I already have in the bedroom. I just think it is utterly cheeky to offer to include the furniture and then to start helping yourself to it before the new owner moves in!0
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smallwood225 wrote: »
My first issue came the day before completion, when I received an email, via my lawyer, from the lawyers of the vendor claiming that the vendor had been doing some 'cleaning' and managed to break the dining room table and two chairs. I tried to get her to give me money, but instead she has fobbed me off with a worse table. However, as the wranglings were holding up completion and she had offered an alternative, I felt I didn't have any other choice.
You had plenty of choice. Tell them just to leave the broken table and two chairs, and you will get them fixed and bill them.
Anyway, too late for all that...
Clearly your seller is being cheeky, so I would also be cheeky and tell them to either return the items listed, or you will source identical items and bill them for not only the cost, but also your time at £X/hour finding and collecting them.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
You had plenty of choice. Tell them just to leave the broken table and two chairs, and you will get them fixed and bill them.
I actually asked for the vendor to send me a photograph of the broken table and chairs as I really didn't believe that they were in fact broken, but got no response to that request. All they would do was offer the alternative crappier table! :mad:.0 -
It's breach of contract, you can sue for your 'loss' but not for full value, you must mitigate losses.
Offer to receive £400 to settle the matter, move on.0 -
You'll probably be advised to let it go unfortunately. Wouldn't be worth your dosh.
So frustrating. I too would want to cut my nose off to spite my face, but sometimes we have to know when to walk away. Check freecycle and the like for freebies, or search ebay for things near your postcode. There are many bargains to be had.
Jx2024 wins: *must start comping again!*0 -
Yes, the seller is in the wrong.
But the hassle that it would be to pursue is barely worth the cost of the furniture, and not worth the stress. Your solicitor might charge you extra to follow all this up.
Probably let it go and instead buy nice new furntuire, which you would probably have wanted to do in a few months when you've settled anyway.
Exact your revenge - or make yourself feel better - by being difficult with any post, parcels, personal callers etc that may turn up for the old owner.0 -
Exact your revenge - or make yourself feel better - by being difficult with any post, parcels, personal callers etc that may turn up for the old owner.
Sadly the vendor hasn't lived in the property for a while so I doubt she will get any post.
So frustrating - everything was going so well in my first experience of property buying until this - it's left a sour taste in my mouth
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smallwood225 wrote: »Sadly the vendor hasn't lived in the property for a while so I doubt she will get any post.
So frustrating - everything was going so well in my first experience of property buying until this - it's left a sour taste in my mouth
I've explained the situation and solution, but if you want to ignore it and just rant, feel free....0
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