Buyer wants built in bed removed after exchange...

marksandygill

So we finally exchanged, due to move soon and our buyer now wants our 5yr olds built in bed to be removed, with us to repair walls and replace carpets if damaged!

Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing! Anybody know where we stand (I'm guessing as it's not in the contract if we do remove it we are completely liable for any damage done?!)

Also it's going to take me hours to do and leave my daughter sleeping on the floor for 4 nights...

DaftyDuck

If it's not in the contract, you don't. Have to do it. An odd verbal request like that supposedly-made one is exactly the kind of detail that any sane buyer would want in writing.

Mind you, I'm sure I overheard the conversation your wife had, where she did, indeed, mention it. She did go on to say you'd charge £400, plus a new bed for the kiddie, unlimited sweeties and teddies, all supplied a week before contracts were exchanged.....

Edit for clarity.... They can bog off!

HouseBuyer77

As it's secured to the walls / floor it's a fixture which by default are left unless the otherwise specified. The fixtures and fittings form specifies these things. Assuming you didn't mention it on there (and there was no other written communication about it) then I think you can leave it for the buyer to deal with.

Have you asked your solicitor?

Marvel1

Not in contract and exchanged, Foxtrot Oscar.

csnann

Did your wife agree to do it? Men have a tendency to remember what they wanted to hear, rather than what was actually said to them!

GrumpyDil

Yup. Sorry realised you have exchanged so no, absolutely no way I would remove it now. If this was that important an issue they should have got it sorted properly before exchange

xylophone

Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing!

I take it that your wife does not remember this?

And, ( more importantly), it was not in the contract?

Check with your solicitor but I doubt they've any right to require you to do this.

marksandygill

My wife doesn't remember and nothing was written in the contract or mentioned again before exchange! Speaking to the solicitor on Monday but my gut feeling is that we could get into more trouble if we damage anything!

G_M

csnann wrote: »

.... Men have a tendency to remember what they wanted to hear, rather than what was actually said to them!

Words fail me........ :eek:

eddddy

marksandygill wrote: »

Nothing was written in contracts but apparently the husband remembers my wife agreeing to do it on the 2nd viewing! Anybody know where we stand (I'm guessing as it's not in the contract if we do remove it we are completely liable for any damage done?!)

From a legal perspective, anything that was said during the viewing would be "subject to contract" - i.e. you're saying the bed can be removed if that term is included in the contract.

But it seems that the term wasn't included in the contract - so you don't have to do anything.


There's still nothing to stop you and the buyer coming to an informal agreement about you or they removing the bed between exchange and completion - if both parties want to.

But if you think there may be arguments about making good walls etc - it may be better not to.

boliston

i would be very wary about removing a fixture if not in the contract as they could change their mind and you would then be legally bound to replace it at your own cost.