What happens if vendors don't remove agreed stuff?

ExNicotineQueen

Found a house, offer been accepted and mortgage application in.

Currently in the process of discussing with the vendors via the estate agents as to what will be left/what will be removed. There was a large pile of bricks in the front garden and all of the garden fence panels piled high in the back garden that we've asked to be removed which they have agreed to. They also asked if we wanted all of their white goods (ancient) and wardrobes etc (they were broken and falling apart) which again we declined. The couple are divorced and both have moved out, they have relatives living there for the time being.

What happens if when we move in, none of it has been removed? It's not a small job by any means and would be quite costly to sort out once you factor in skip hire etc.

Is this done on a 'trust' situation as in you hope that they will stand by their word? Or do you involve solicitors so it's written into contract somewhere? Total newbie here.

ACG

The vendors will fill our a form as for what is left in the house (ie fridge, curtains, boiler etc. They would tick anything being left - so read that.

As for the bricks and bits in the front, I would speak to your solicitor about those as there will not be a box for "rubble in the garden".

pinklady21

You would ask your solicitor to write it into the contract.
A phrase something like - garden to be left in clear and tidy condition with all bricks , rubble firewood etc removed.
House with vacant possession, items to be left X, Y, Z, items to be removed A, B, C.
Your solicitor should be able to advise.

dunroving

Whatever you do, if stuff is left, don't have a big bonfire in the garden, as I'm sure some people will suggest.

pinkteapot

As others have said, it can be covered legally through the Fixtures and Fittings form (which forms part of the contract), and other contract additions. You can then take action via your solicitor if they don't move the stuff.

However, in reality...

If you think that, due to the circumstances, they may not actually clear it, I'd have a contingency in my moving budget for doing it myself (couple of skip hires). The reality is that pursuing legal action against them to get them to clear it if they get stubborn may be more time-consuming and costly than it's worth.

Robin9

Is it possible to hold back part of the purchase price - say £5000 - to allow for this.?

ReadingTim

Robin9 wrote: »

Is it possible to hold back part of the purchase price - say £5000 - to allow for this.?

No.
need to make ten characters

pmlindyloo

I think I would be more concerned about relatives living in the house. Are they renting it on a contract?

Make sure your solicitor is aware that relatives are living there.

Out,_Vile_Jelly

There is high potential for chaos here, with the divorcing parties refusing to speak to each other and/or passing the buck with clearance responsibility, and the random temporary tenants. As well as advising your solicitor of these potential complications, have a word with the estate agent and say you may reconsider if these queries are not prioritised. Other buyers will also be put off.

ExNicotineQueen

pmlindyloo wrote: »

I think I would be more concerned about relatives living in the house. Are they renting it on a contract?

Make sure your solicitor is aware that relatives are living there.

Why is this important? I got the sense it was informal agreement between the woman owner and her cousin and partner who were just staying there until the house had been sold/so the house wasn't empty.

Out,_Vile_Jelly wrote: »

There is high potential for chaos here, with the divorcing parties refusing to speak to each other and/or passing the buck with clearance responsibility, and the random temporary tenants. As well as advising your solicitor of these potential complications, have a word with the estate agent and say you may reconsider if these queries are not prioritised. Other buyers will also be put off.

What exactly should I be saying to the EA? That her cousin and partner need to move out ASAP? Surely because the vendors still own the property it is theirs to do with as they like?

googler

What if the informal tenants have nowhere to go and flat refuse to move out?

It's no skin off their nose if they inconvenience you, and you'll have little or no legal recourse against them, since your contract will be with the owner(s) ....