F&F agreed on acceptance of offer, now potentially in dispute

AP3

Hi Everyone,


We placed an offer on a property we found, and loved. It is done up to a very high standard and priced to match. We made sure in our offer to state that the offer was conditional on various fittings and fixtures being included (range cooker, curtains & poles, floor coverings etc.)


Our offer was accepted (at asking price), and things have proceeded. We even asked the vendor what was actually in the fitted kitchen, so we could "pass down" white goods to out buyer that we didn't need.


Then we got a call from the agent, saying that the vendor has asked if we could meet them to talk about F&F. This sent my uh-oh radar into overdrive, and remembering that my solicitor had said they'd just received the vendor's draft contract, I requested a copy of the F&F list.


EVERYTHING we'd stated to be included in our offer was excluded with a price tag, adding up to thousands.


We know they've had 2 buyers fall through already, for "financial reasons". The only light at the end of the tunnel is that the F&F list is signed and dated before we made our offer, but only just (a couple of weeks).


I've thrown a tantrum at the agent, who was supposed to get back to me BEOP today, but hasn't.


Do I have any options at all, given that the F&F were agreed when the offer was accepted? I known nothing is legally binding with regard to the purchase until contracts exchanged, but still, we had made a written contract in the offer to some degree.


I'm hoping its an oversight from the vendor from a previous buyer, but I'm seriously concerned about their behaviour now (taking carpets, the lot), and would appreciate any advice to insulate myself from a nasty shock.


I'm already planning a pre-completion check, withholding money until I'm happy - let them pay for removal vans and then have to move back in if they've removed/changed for cheaper items.


Absolutely fuming - sorry for the long post.


Cheers,
AP

marksoton

AP3 wrote: »

I've thrown a tantrum at the agent, who was supposed to get back to me BEOP today, but hasn't.

I'm already planning a pre-completion check, withholding money until I'm happy - let them pay for removal vans and then have to move back in if they've removed/changed for cheaper items.


Absolutely fuming - sorry for the long post.

And therein lies your problem. You need to calm the hell down and take a step back.

You will achieve nothing carrying on the way you are.

glentoran99

AP3 wrote: »

Hi Everyone,


We placed an offer on a property we found, and loved. It is done up to a very high standard and priced to match. We made sure in our offer to state that the offer was conditional on various fittings and fixtures being included (range cooker, curtains & poles, floor coverings etc.)


Our offer was accepted (at asking price), and things have proceeded. We even asked the vendor what was actually in the fitted kitchen, so we could "pass down" white goods to out buyer that we didn't need.


Then we got a call from the agent, saying that the vendor has asked if we could meet them to talk about F&F. This sent my uh-oh radar into overdrive, and remembering that my solicitor had said they'd just received the vendor's draft contract, I requested a copy of the F&F list.


EVERYTHING we'd stated to be included in our offer was excluded with a price tag, adding up to thousands.


We know they've had 2 buyers fall through already, for "financial reasons". The only light at the end of the tunnel is that the F&F list is signed and dated before we made our offer, but only just (a couple of weeks).


I've thrown a tantrum at the agent, who was supposed to get back to me BEOP today, but hasn't.


Do I have any options at all, given that the F&F were agreed when the offer was accepted? I known nothing is legally binding with regard to the purchase until contracts exchanged, but still, we had made a written contract in the offer to some degree.


I'm hoping its an oversight from the vendor from a previous buyer, but I'm seriously concerned about their behaviour now (taking carpets, the lot), and would appreciate any advice to insulate myself from a nasty shock.


I'm already planning a pre-completion check, withholding money until I'm happy - let them pay for removal vans and then have to move back in if they've removed/changed for cheaper items.


Absolutely fuming - sorry for the long post.


Cheers,
AP

Good luck with them agreeing to that, not a chance I would have been letting our buyer near our house while we were packing up to leave

G_M

You can
* buy the F&Fs at the prices the vendors have offered
* negotiate the prices of some/all the F&Fs
* decline the offered F&Fs and take the property at the agreed price without them
* refuse to proceed unless the F&Fs are included without additional cost at the originally agreed price.

Its a game of bluff! Neither side is committed yet, so either side can pull out, or alter the price.

I'm already planning a pre-completion check, withholding money until I'm happy - let them pay for removal vans and then have to move back in if they've removed/changed for cheaper items.

The F&Fs form (TA10?) forms part of the contract, so an agreed version will be passed between solititors at Exchange of Contracts.

csgohan4

He'll take the toilet tissue and light bulbs, buyer beware

AP3

G_M wrote: »

You can
* buy the F&Fs at the prices the vendors have offered
* negotiate the prices of some/all the F&Fs
* decline the offered F&Fs and take the property at the agreed price without them
* refuse to proceed unless the F&Fs are included without additional cost at the originally agreed price.

Its a game of bluff! Neither side is committed yet, so either side can pull out, or alter the price.

To me, it's a case of principle. If I agree to something, I stand by my word, and expect others to. I'm one to bite of my own nose to spite my face, so I'm erring toward collapsing the chain and staying where I am.


With regard the to pre-completion check, this would be on the day of completion, when we would normally get the keys and move in. This is simply modified with the solicitors not to release funds until the agent has walked around the property with us, to ensure everything is in place.


As for calming down - I'll need to sleep on that. I know it's 2016, but do people not have any honour at all any more?


How anyone can be so bare faced as to happily accept a conditional offer and then rescind on key points of said offer, after searches, valuation, mortgage fees etc. is beyond me.


I honestly feel like giving them the finger and walking away just thinking about it. Even if it was a mistake from a previous buyer, what sort of people am I now dealing with?


It wasn't like I battled them down on the asking price.

glentoran99

AP3 wrote: »

To me, it's a case of principle. If I agree to something, I stand by my word, and expect others to. I'm one to bite of my own nose to spite my face, so I'm erring toward collapsing the chain and staying where I am.


With regard the to pre-completion check, this would be on the day of completion, when we would normally get the keys and move in. This is simply modified with the solicitors not to release funds until the agent has walked around the property with us, to ensure everything is in place.


As for calming down - I'll need to sleep on that. I know it's 2016, but do people not have any honour at all any more?


How anyone can be so bare faced as to happily accept a conditional offer and then rescind on key points of said offer, after searches, valuation, mortgage fees etc. is beyond me.


I honestly feel like giving them the finger and walking away just thinking about it. Even if it was a mistake from a previous buyer, what sort of people am I now dealing with?


It wasn't like I battled them down on the asking price.

You wont have any right to do that and anyway once you have exchanged if you pull out it would cost you a few quid, If after completion whats there doesn't tie in with the agreed F&F list then you can take action. I cant see anyone agreeing to release keys for you to walk around until they have the funds and its completed.


My keys weren't even with the agent until after completion

AP3

glentoran99 wrote: »

You wont have any right to do that and anyway once you have exchanged if you pull out it would cost you a few quid, If after completion whats there doesn't tie in with the agreed F&F list then you can take action. I cant see anyone agreeing to release keys for you to walk around until they have the funds and its completed.


My keys weren't even with the agent until after completion

I would make the check a condition of the contract; easily done. The keys are release to the agent, to us, for the check. Anything missing or swapped is breach of said contract, hence no money released. They keys aren't ours until the money is released.



EDIT: This is on working on the basis that the F&F list is corrected to match our offer in advance.


Does anyone have experience of a similar situation?


I'm worried they'll take the lawn.....

glentoran99

AP3 wrote: »

I would make the check a condition of the contract; easily done. The keys are release to the agent, to us, for the check. Anything missing or swapped is breach of said contract, hence no money released. They keys aren't ours until the money is released.


Does anyone have experience of a similar situation?

I would expect the vendors to tell you to take a running jump, and wouldn't exchange on that basis

marksoton

AP3 wrote: »

I would make the check a condition of the contract; easily done. The keys are release to the agent, to us, for the check. Anything missing or swapped is breach of said contract, hence no money released. They keys aren't ours until the money is released

The TA10 forms part of the contract anyway.

Get it amended. If they won't, move on.

HouseBuyer77

I doubt they'll agree to new contract terms, may be your lender won't allow it either.

But there's no need. Make sure the F&F form is unambiguous in what is included and you're fine.

The F&F form as it is will stand, they will need to submit a new one if they've changed their minds. Have they?