Seller taking important item from property!

Davesnave

CJScat wrote: »

It’s been almost 5 mths since our offer was made and accepted.......


I’d welcome advise please

When did you receive the fixtures and fittings list and what did it say about these items?

scd3scd4

csgohan4 wrote: »

Did the vendor take the light bulbs and toilet rolls too?

Just the bulbs in my case. Told the mug to replace them.

scd3scd4

CJScat wrote: »

It’s been almost 5 mths since our offer was made and accepted. We have been patiently waiting for the right time for our vendor to decide she's ready to give us an approximate idea of when she hopes to complete.
Today we found they want us to pay for the full range of wardrobes in the two bedrooms. The estate agent brochure describes the rooms “with a range of built in wardrobes “
It’s seems she requires another figure if I wish to retain the range of kitchen style base units and sink in the utility room, the utility is described in the brochure as “with base units to one side of the room”
Looking at the estate agent disclaimer on the house brochure it states “fixtures and fittings other than those mentioned are to be agreed with the seller”
The times I viewed the house with the two agents they commented on the fact that the units would provide great storage for us and were of good quality, they I am sure believed theses items to be included in the sale.
When I made my offer it was based on the rooms being furnished with the made to measure units,I expected the term WITH to mean included.
My original offer was not accepted and I met the vendor closer to the asking price, which was accepted but I feel that figure should have reflected the absence of those items.
I’d welcome advise please

Call their bluff and say no. A letter from you solicitors should tell them what action you will take if they are not there when you move in. I doubt she wants them for the next home she is just trying it on.

Davesnave

scd3scd4 wrote: »

Call their bluff and say no. A letter from you solicitors should tell them what action you will take if they are not there when you move in. I doubt she wants them for the next home she is just trying it on.

From a legal perspective, what should be left is down to what the vendor writes on the subject on the TA10. The means by which the OP found out could well be that list, in which case I agree that hardball is the way to play.


What the agent writes is always covered by a disclaimer, so can be discounted for the purposes of any legal threats.

AnotherJoe

CJScat wrote: »

It’s been almost 5 mths since our offer was made and accepted. We have been patiently waiting for the right time for our vendor to decide she's ready to give us an approximate idea of when she hopes to complete.
Today we found they want us to pay for the full range of wardrobes in the two bedrooms. The estate agent brochure describes the rooms “with a range of built in wardrobes “
It’s seems she requires another figure if I wish to retain the range of kitchen style base units and sink in the utility room, the utility is described in the brochure as “with base units to one side of the room”
Looking at the estate agent disclaimer on the house brochure it states “fixtures and fittings other than those mentioned are to be agreed with the seller”
The times I viewed the house with the two agents they commented on the fact that the units would provide great storage for us and were of good quality, they I am sure believed theses items to be included in the sale.
When I made my offer it was based on the rooms being furnished with the made to measure units,I expected the term WITH to mean included.
My original offer was not accepted and I met the vendor closer to the asking price, which was accepted but I feel that figure should have reflected the absence of those items.
I’d welcome advise please

You need to make it clear, unemotionally, with a simple letter going via your solicitor to theirs, that your offer was based on these items being in place , and that if they are now being omitted, then you withdraw your offer (because you'd have a god awful very expensive mess to clear up if they were removed).
You might even contemplate a retention, to be paid only if they are there after completion as for no reason other than gut feel I havea bad feeling about your seller, if she is reneging now what else might she do ? I wouldn't be surprised if she was still looking for other buyers.

scd3scd4

Davesnave wrote: »

From a legal perspective, what should be left is down to what the vendor writes on the subject on the TA10. The means by which the OP found out could well be that list, in which case I agree that hardball is the way to play.


What the agent writes is always covered by a disclaimer, so can be discounted for the purposes of any legal threats.

range of kitchen style base units and sink in the utility room


I don't agree you have to have it in writing the kitchen is staying or the bath and toilet for that matter. How about the front door, windows and Boiler??

Carlos77

The thread was only meant as a light hearted winge!! The sellers have actually now replaced it with another one, that they have now fixed to the wall.

CJScat

I haven’t been given the fixtures and fittings document at all.
The vendor has been abroad for a few months and has just returned. I then received a call from the estate agent asking me to meet them at the house as the vendor had items they were willing to sell to me.
They are moving abroad and so I felt the items would be things like the sofa, table or washing machine.
They are not offering these at all and wanted to offer the fitted kitchen style base and eye level units and sink in the untily and the made to measure wardrobes in thebedrooms.
I contacted my solicitor and they had just received the fixtures and fittings list and confirmed that she is asking me to purchase the units.
She require me to pay almost £3000 if I want them.
The EA brouchure for the house has a printed disclaimer “ fixtures and fittings other than those mentioned are to be agreed with the seller” yet the brouchure decription of those rooms states “with” those specific units so I consider they are all mentioned as part of the room.

kerri_gt

And if they are moving abroad what exactly are they planning to do with them? The mind really does boggle at some people.

AnotherJoe

As I said earlier, you need to call their bluff unless you are desperate to buy at any price. They obviously didn't really accept your below AP offer and are looking to bump it up again.
Whilst some might say that it's a bluff on their part and they will leave them, don't underestimate spite, they may trash them rather than leave them to you.
Hence my suggestion for a retention, all the more so now you know they are going abroad, if you moved in and the wardrobes have been ripped out how would you get your money back from the vendors in practice ?
I suppose it depends on your attitude and how hardball you want to play it. If it was me it would be very hardball.