Fixtures and Fittings

Lurkingtoposting17

Hi All

Looking for help with phrasing from the more experienced amongst you whilst speaking to my EA. I am not wanting to sour things with my seller in any way, shape or form, but I am slightly frustrated.

I upped my offer to what the seller wanted in order to make their sale to secure the house. The house is fully renovated to a high standard and when I upped the offer over the phone I told the EA it was subject to survey, being removed from the market and the assumption that fixtures and fittings were included in line with the EA's advertisement as I know they put a disclaimer on these, hence my caveat. Now to answer the next question, I asked them to confirm my offer in writing and chased repeatedly and they just said it was fine and accepted. I said they had to confirm in writing and they said it was ok as accepted and eventually (over a week later) sent the confirmation of sale. Sadly it was a popular house with numerous bids and lots of viewers that sold quickly, but I should have forced the issue.

The seller has now sent me a list of things they would like me to buy cash outside of the sale included items included in the adverts, and along with the oven, the hob and a few other bits. Other stuff like chairs and lights I didn't expect them to leave - they weren't included in the advert and that was the basis my offer was made on as I mentioned to the EA over the phone. Some of it I am less worried about or will be happy to buy - but stuff that is integrated, I did expect, and there are some other items purely decorative they are asking me to pay £5 for - which seems rather petty?

As they did all this work themselves, I am sure they have the skill and inclination to remove and put right - but as I said to the EA the offer was subject to fittings and fixtures as per their ad here is a few things I am frustrated by, and some of it seems a little petty.

I don't want to cause friction with the seller, but I do want to make it clear to the EA that I said it was subject to fixtures and fittings as per advert that I upped the offer.

I feel there is a balance here, and probably a lovely way to phrase this to the EA in a fashion that does not irritate the seller and gets us to negotiate nicely (especially as they have 2x commission resting on this sale currently), if anyone has an art for negotiations and has any experience, I would be grateful to hear it.

In anticipation;

- Yes I am aware I should have forced the offer in writing
- Yes I am aware I should have asked to have confirmed the fixtures and fittings before offering if important to me
- Yes I am aware this is now harder than it needed to be

You live and learn :rotfl:

studentguy

While the other stuff is petty, they can't charge you for integrated appliances surely - it's a fixture, it's fixed - I think that's very very cheeky of them.

We've been through something similar, we put an offer in explicitly with curtains included, then the curtains don't get included in the forms and they refuse to put them in - so in the end we had to give up, which still leaves me bitter. Someones got to give and it's going to be you or them.

eddddy

I'd start by sending a polite, non-confrontational email to the EA explaining that when you made the offer, you stated that the offer included those items... So could the EA speak with the vendor to make sure there is no confusion about that.


Assuming that the EA is paid on exchange/completion, it's in their interests (and part of their job) to resolve these kinds of issues.

da_rule

Forget about the EA for a number of reasons, firstly they are not your EA, they work for the seller. Secondly, they have found a buyer.

If you have had the fixtures and fittings form then I assume you have solicitors acting? Just tell them what you expected to be included in the sale price, as per the agreement when you made your offer. Your solicitor is the one working for you. If they decide not to honour their agreement you have 3 options; walk away, adjust your purchase price or pay what they want.

Lurkingtoposting17

Thanks for the responses so far! I know that "fixed" items can not be included, I know once upon a time (so my grandparents tell me!) people would generally always take their carpet for example!

This request hasn't come from the solicitor, its come from the vendor via the EA as they want to agree cash outside the solicitors. I know their onward purchase is with the same EA.

At the moment I plan to go back to the solicitor and just say my offer was made on the assumption of xyz being included, as discussed when I made the offer, and I am happy to discuss the other items but a little worried to hear some of what they are asking me to purchase in addition? Does that seem reasonable?

davidmcn

Lurkingtoposting17 wrote: »

This request hasn't come from the solicitor, its come from the vendor via the EA as they want to agree cash outside the solicitors.

Why "outside the solicitors" and how were they planning to document this or arrange completion for the "extras"? You normally just have one contract covering everything.

Lurkingtoposting17

Haven't even got anything from either solicitor yet! I have no idea why not doing it on fixtures and fittings form (seemed sensible to me as this is what we pay solicitors for, someone at work said something about tax implications?)

eddddy

Lurkingtoposting17 wrote: »

At the moment I plan to go back to the solicitor and just say my offer was made on the assumption of xyz being included, as discussed when I made the offer, and I am happy to discuss the other items but a little worried to hear some of what they are asking me to purchase in addition? Does that seem reasonable?

That seems like a reasonable starting point.

Doing stuff like this through solicitors is slow and painful - and solicitors don't negotiate.

Once you've agreed terms you can tell your solicitor the outcome.

You often get people here suggesting that problems be solved by confrontation - but that's generally not a good route.

(If somebody is confrontational towards you, are you more likely to give them what they want - or are you more likely to want to find ways to scr*w them over?)

Lurkingtoposting17

Yeah, one of my friends said "Just gazump them £5k at the end, as thats how they are effectively treating you right now" but it is really not my style!!

I assume most things can be solved simply by discussing, so hopeful that the EA takes my email and discusses with the seller and ensures everything is in line. I've rechecked the advert and there is one thing I thought was included they had asked me to buy, that isn't included - so I will pay for that if they like, as I will keep the email to a simple - these things are in the advert and as such I expect them to be included.

Fingers crossed.

Carrot007

All depends how much you want the house.


I reduced my offer by 7.5k (or 8.5k I forget!) after survey, which was still 5k above valuation (I knew they would not accept less).


They tried it on with selling stuff. Blinds, Carpets, whatever. I said no, take em if you like (as if they have any value in reuse!). They left them all. Took some light fitting but put standard roses back (very good as they had no taste!).


Also depends what they are asking. Second hand oven and hob. Maybe £40? If it's low it may just be easier. And they should do it though the soliciters otherwise you have no contract to pay them. Sound like idiots to me.

SmashedAvacado

if you are going to buy the property either way, then do nothing quickly. Wait until the sale is further down the line and the seller will be more keen to stick with you rather than starting again. You don't need to respond in any particular timescale. Find out what else is outstanding on your sale and ask your lawyer to progress that.

In due course you can then write back to the seller (if the letter came from them directly) and mention to them that it was made clear to the agent that your offer included this that and the other, but obviously not x and y.

I would copy the letter to the agent.

I would then call the agent and make it clear to the agent that you were clear in what your offer included and you are looking for the seller to confirm this. Tell them you are nearly ready to exchange otherwise. The agent will back you as they will not want to risk having to start the process again.