Can the vendor remove fitted cupboards in the kitchen?

onix22

Hi all,

We are FTB and just received the Report on Title with related documents. In Fittings and Contents Form the kitchen units are excluded. We thought these represent fixtures and are part of the sale? Is it legal what are they trying to do?

Any thoughts would be much appreciated!

AdrianC

Yes, it's perfectly legal. The default would be that they're included, unless the F&C form says they're not. Then you have advance warning that they aren't.

You can choose to negotiate for them, accept the situation and proceed on that basis... or walk away.

PasturesNew

It's legal if it's known and up front.

It's not legal if you expect them (and they should be there), but when you turn the key to the door of the house you find a big fat nothing, just space.

Is there any reason they could want them? Are they bespoke made by the vendor's deceased father? Are they family heirlooms they fitted and want to retain?

These can't possibly be the B&Q Budget range of white wall cabinets.

AdrianC

PasturesNew wrote: »

These can't possibly be the B&Q Budget range of white wall cabinets.

I admire your faith in house vendors not to be ridiculously petty...

PasturesNew

AdrianC wrote: »

I admire your faith in house vendors not to be ridiculously petty...

You're talking to the person who found 40 holes in the walls where they'd removed floating shelves from every room .... removed the coat hooks from the hall walls (leaving holes of course) ... and there were no lightbulbs in half the rooms ... and it also took them until 5.30pm to move out, even though I'd been driving past since 10.25am when I'd got the call to say "it's yours".

SmashedAvacado

I think you should look at the details to the property carefully. If they say it is a fully fitted kitchen, then you should raise this with the seller as your expectation is that these would not be removed. If they plan to remove them, then you should drop your price by the cost of getting new cabinets fitted, and making good.

One point though - does the vendor mean kitchen units? or have they made a mistake in filling the form - there may be a cupboard in the kitchen that is not fitted that they intend to remove, so before kicking off about this, it might be worth checking what they mean.

onix22

These can't possibly be the B&Q Budget range of white wall cabinets.[/QUOTE]

They can be B&Q, white and shiny..

We offered less than asking, maybe they are trying to get more money out of us!

When we had the second viewing, my partener asked what is included in the sale and the EA told him the kitchen is! But we do not have it in writing I am afraid..

AnotherJoe

It sounds more like a mistake to me unless the kitchen is one of those which is all freestanding units. Do you know which it is? Assuming that it's fitted units and you'd like them to remain I suggest you ask them to confirm they will be removing fitted units and drop your offer by a considerable amount assuming you still want it. Because the disruption of removing fitted units will be considerable and the cost and hassle to replace, also.

AdrianC

onix22 wrote: »

When we had the second viewing, my partener asked what is included in the sale and the EA told him the kitchen is! But we do not have it in writing I am afraid..

So the EA told you something to the best of their knowledge, which has now turned out to be incorrect in the formal documentation.


It happens. Frequently. That's why there ARE formal documents...

SmashedAvacado

AdrianC wrote: »

So the EA told you something to the best of their knowledge, which has now turned out to be incorrect in the formal documentation.


It happens. Frequently. That's why there ARE formal documents...

I dont think this is a fair comment. The agent has marketed the property with a kitchen. The contract has turned up saying the kitchen is excluded. That needs fixing - and as they haven't exchanged yet, they can go back to the agent and the seller and demand that they get the kitchen as fitted or a price drop. (once they are satisfied of course that this wasnt a mistake by the seller in ticking the wrong box)

Davesnave

SmashedAvacado wrote: »

I dont think this is a fair comment. The agent has marketed the property with a kitchen. The contract has turned up saying the kitchen is excluded. That needs fixing - and as they haven't exchanged yet, they can go back to the agent and the seller and demand that they get the kitchen as fitted or a price drop. (once they are satisfied of course that this wasnt a mistake by the seller in ticking the wrong box)

It's fair because Adrian covered that in his first comment and he's continuing from there.

But the lack of inclusion's probably a mistake.....