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

G_M

HouseBuyer77 wrote: »

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?

Yes.

Post 1!:

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.

glentoran99

But this was the first written F&F list, or had a different one been sent previously?

G_M

Why is that relevant? It is the most recent one which will apply when contracts are exchanged

Any previous ones will be simply part of the negotiation process and will become redundant.

HouseBuyer77

G_M wrote: »

Yes.

Post 1!:

Ah, I should remember to read posts more carefully!

House buying is a negotiation, there was an initial offer, they've now changed it. No legal comeback though you're in a strong position to ask for some concessions (e.g. Reduced price). Stating you were happy with the initial agreement and will not accept any alterations is also perfectly reasonable.

eddddy

AP3 wrote: »

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.

I can't see an EA agreeing to get involved in that...

...unless they have some strange desire to get dragged into a litigation battle as a witness.

Anyway, how would the EA know whether the carpets etc have been changed between your viewing and completion?

glentoran99

G_M wrote: »

Why is that relevant? It is the most recent one which will apply when contracts are exchanged

Any previous ones will be simply part of the negotiation process and will become redundant.

Yes it is, but the OP said they have changed, and they had a written agreement, where is the written F&F list they have agreed to?

AP3

eddddy wrote: »

I can't see an EA agreeing to get involved in that...

...unless they have some strange desire to get dragged into a litigation battle as a witness.

Anyway, how would the EA know whether the carpets etc have been changed between your viewing and completion?

The EA wouldn't know, that would be for us to check against the F&F list (if amended to the point that we'd exchange, let alone actually complete).


It's eye-opening to see people commenting that they wouldn't have us as a buyer. What would scare people away about a buyer wanting to check that what they paid for, is what they're getting, before paying?


If you have nothing to hide, what's to worry about? I'm intrigued.

glentoran99

AP3 wrote: »

The EA wouldn't know, that would be for us to check against the F&F list (if amended to the point that we'd actually complete).


It's eye-opening to see people commenting that they wouldn't have us as a buyer. What would scare people away about a buyer wanting to check that what they paid for, is what they're getting, before paying?


If you have nothing to hide, what's to worry about? I'm intrigued.

Nothing to hide, but completion day is stressful enough without someone coming round to your house during it, Your contractually obligated to leave whats agreed, bearing in mind your threat of "if your not happy they can pay for movers and move back in" you aren't the only two parties involved I presume? they are moving on elsewhere?


If for some reason F&F doesn't match whats left you have recourse, a threat of messing up the whole chain on completion day would be a nightmare scenario for someone to deal with.


You go view with estate agent, agree everythings there and leave, buyer nips in and removes it all before completion I think that's what eddddy means

AP3

glentoran99 wrote: »

Nothing to hide, but completion day is stressful enough without someone coming round to your house during it, Your contractually obligated to leave whats agreed, bearing in mind your threat of "if your not happy they can pay for movers and move back in" you aren't the only two parties involved I presume? they are moving on elsewhere?


If for some reason F&F doesn't match whats left you have recourse, a threat of messing up the whole chain on completion day would be a nightmare scenario for someone to deal with.


You go view with estate agent, agree everythings there and leave, buyer nips in and removes it all before completion I think that's what eddddy means

I can happily say that, should this "rouge" F&F list not have appeared, it wouldn't have crossed my mind to have done anything other than follow a straightforward exchange and completion.


The fact here is that the vendor is swinging from "offer accepted, everything you want included", to "pay me for everything we agreed would be included".


Even if the F&F list is updated, there's a huge niggle in the back of my head that says they'll try it on and take things anyway, hoping that I won't bother/can't afford to take it to the SCC. The recourse is limited and certainly not free, any my want to build in a get-out-of-jail-cheap card.


If anything, for us at least, this removes stress. I will know that, hopefully, they won't risk screwing us about on completion. For them - do as agreed, and no problems at all.

glentoran99

AP3 wrote: »

I can happily say that, should this "rouge" F&F list not have appeared, it wouldn't have crossed my mind to have done anything other than follow a straightforward exchange and completion.


The fact here is that the vendor is swinging from "offer accepted, everything you want included", to "pay me for everything we agreed would be included".


Even if the F&F list is updated, there's a huge niggle in the back of my head that says they'll try it on and take things anyway, hoping that I won't bother/can't afford to take it to the SCC. The recourse is limited and certainly not free, any my want to build in a get-out-of-jail-cheap card.


If anything, for us at least, this removes stress. I will know that, hopefully, they won't risk screwing us about on completion. For them - do as agreed, and no problems at all.

I think you are a bit optimistic there once contracts are exchanged and you pull out of completion it wouldn't be cheap,


Ya say rogue F&F list? have you seen another one?