memorandum of sale - fixtures and fittings

ritc

This is potentially a stupid question: I received the memorandum of sale from the EA a couple of days ago. It states that fixtures and fittings are included as per sales particulars. The brochure doesn't say anything about fixtures and fitting (I've seen brochures where fixtures and fittings are explicitly excluded).

Am I right to think that the memorandum of sales means that it will be for the solicitors to draw up a list of fixtures that are included in the sale; and that it is normal to expect that the kitchen incl those appliances that are 'fixed', like a build-in hob/oven, are normally included. Or is it better to state my expectation now?

The kitchen isn't great and the resale value would be low. But it will serve us nicely until we have saved up for a new kitchen. I expect it would cost the seller more to remove it than to leave it.

I remember that I asked the EA at the viewing and they confirmed that all fixtures are included (fittings are negotiable), but I'm aware that I haven't got anything in writing.

SmashedAvacado

The seller fills in a form which should be attached to the contract.
You should check this against what you are expecting - if you haven't seen it, your solicitor should send it to you.
It covers everything from the obvious like white goods to things like light switches!

in terms of what you were expecting, you ideally would have made your offer based on things being included - but its not too late to make that point now.

hazyjo

They should be included and I have never spelt out I want them left. Anything not fitted can be taken.


The 'iffy' things are window dressings (curtains, blinds, poles, etc), lights/shades (they'll leave the pendant hanging with bulb) and the really pigheaded vendor may take carpets!


These sort of things are rarely to my taste anyway so if they really wanted to take them, I'd just let them. As above, you'll find out when they fill out the form anyway.

walwyn1978

SmashedAvacado wrote: »

The seller fills in a form which should be attached to the contract.
You should check this against what you are expecting - if you haven't seen it, your solicitor should send it to you.
It covers everything from the obvious like white goods to things like light switches!

in terms of what you were expecting, you ideally would have made your offer based on things being included - but its not too late to make that point now.

If the form comes back and they’ve stated the kitchen hob is NOT included (for example) that’s the point to go and renegotiate your offer based on the missing thing/s.

As stated above, they may take the lampshades etc.

If they state something will be left and it wasn’t (on the fixtures/fittings documents), and/or damage was caused removing the item, you have got grounds for legal action as by promising to leave something then not doing so the contract of sale has not been followed. However, you might find as we did that the legal cost of recovering the money to put it right is more than the cost to replace the item...

Either way wait for the fixtures form to arrive from your solicitor and then go through that as a starting point. Good luck.

eddddy

The memorandum of sale and the sales particulars (and things the EA and seller say) don't form part of the contract - so you can't rely on any of those.

As others have said, you will eventually get a fixtures and fittings list via your solicitor. That will form part of the contract, so that's the thing you need to make sure is correct.


Having said that, it's often best to make sure that you and seller are in agreement as early as possible - rather than a dispute arising about including a fridge-freezer just as everyone is ready to exchange contracts.

Ideally, make it clear when you offer. e.g. "I'm offering £x which includes carpets, curtains, lampshades, fridge and dishwasher."

ben-dover

Simplest way is to actually speak to the seller, confirming later in the legal pack - no point getting too deep into the sale to then have to try and renegotiate something that could have been cleared up with a 2nd or 3rd visit.

ritc

Thanks for the replies. I suspected that it is something that will be addressed later in the process by the solicitors. I will make sure that my solicitor is aware early on.

Mutton_Geoff

The sellers will have to complete a TA10 "fittings & contents form". So you know what to expect, they look like this:


https://www.lawsociety.org.uk/support-services/documents/TA10-form-specimen/


You will receive this as part of the pre sales pack from your solicitor once the vendor has completed it. Check it carefully!