Vendor moving the goal posts re fixtures & Fittings

CockneyFox

I am part way through the process of buying a house. I have just received the property information sheet from our solicitor completed by the Vendor. Included is the fixtures and fittings list. All seemed as expected until I got to the kitchen details. The vendor has stated that the range cooker is excluded I.e. Not in the sale.

The thing is the range was explicitly mentioned in the property details when it was advertised on line and in the EA brochure. All other appliances weren't mentioned, as naturally they had decided to take them with them after sale. At the viewing, we questioned appliances with the EA and they also confirmed that the range was staying.

To my mind the vendor is now moving the goal posts as our understanding was it was part of the sale. Had I known it wasn't I would have modified my offer accordingly. I suspect they are actually keen to sell it to us as it was the only item on the fixtures list they commented on as they wrote its cost.

But I don't believe we should pay anything as we bid on a property with a range cooker included. I am quite disappointed this has happened. Any advice on how we move forwards, hopefully amicably?

oystercatcher

Amend your offer to value of house without range cooker and see what the vendors say.

AdrianC

What's the value of a second-hand range? £250?

The only paperwork that matters here is the Property Information Form that goes with the contract that's exchanged.

hounsehunterftb

While putting the offer down did you mention it's including the things that you want from the property? In writing? Generally if the offer is not given alongside the conditions (even satisfactory surveys), then empty property possession is assumed.

Nevertheless, you could of course go back and question them about it and certainly try to negotiate. But don't do it too hard that you end up risking the property.

CockneyFox

But isnt. It like them saying replete with stylish bath and then excluding the bath. Surely they have simply done a uturn on that which they advertised?

AdrianC

CockneyFox wrote: »

But isnt. It like them saying replete with stylish bath and then excluding the bath. Surely they have simply done a uturn on that which they advertised?

The "advert" does not form part of the terms of the sale. The PIF does.

CockneyFox

I know nothing is legally binding unless written into the contract, but surely I have grounds to challenge as it is in effect false advertising. To replace it for something similar will cost the best part of a grand and I would not have offered what I had to purchase the house if I knew I'd have to find another grand for a range.

eddddy

CockneyFox wrote: »

But isnt. It like them saying replete with stylish bath and then excluding the bath. Surely they have simply done a uturn on that which they advertised?

Perhaps you (and others) need to calm down a little at this stage.

Explain to the EA that your offer included the cooker, so perhaps there's an error on the F&F form. Hopefully, the EA will calmly discuss it with the seller, a new form will get completed by the seller, it will be passed to the solicitor, and everything will be fine.

And then let your solicitor know that the form is incorrect - and say that a new one is expected, and ask them to chase the seller's solicitor for it.


Edit to add...

FWIW, I'm involved in a purchase at the moment where the seller has said on the F&F form that the bathroom and kitchen taps aren't included in the sale. I'm 99% sure it's a mistake which will get rectified, so I'm not getting too stressed about it.

G_M

You don't challange this on legal grounds, you simply negotiate.

Ways forward:

1) Tell the EA you had assumed the range was included, get him to liaise with the seller and agree to include it, then tell your solicitor who will get the F&F form amended

2) Do 1) above, but via solicitor. EA route might be quicker as they are less formal and make a few phone calls whereas solcitors will be writitng to each other.

3) Meanwhile research range cookers. Get a price for a new cooker, including installation cost. If options above fail, then say "In that case I'll now have to budget £X000 for a new cooker to be installed so my purchase price is now reduced by that much."

CockneyFox

I'm quite calm thanks, just after guidance from those who may have experienced similar issues. I am hopeful that it will get resolved favourably, just was keen to here if it is a common occurrence / strategy?

CockneyFox

When I said "challenge" I didn't mean a legal route, just the principle of fairness and honesty. Or am I being niaive that such principle's have anything to do with home buying??

I will pursue the EA route first and see what unfolds.