flat isn't clear

fidgetgreen

I'm due to exchange on my first property soon and the seller is living abroad. I went to visit the property a few weeks ago and there are a still a lot of the sellers items in there. I was expecting some things as they were listed on the fixtures and fitting form, but a lot of other things arent.

There are books, dvds, shelves, ornaments still in there. I doubt the seller is going to come back so what are my options? Can i ask for money off so i can use this money to get the property cleared? or should i insist that the property is left clear?

G_M

Why should the propety be clear?

You've not even Exchanged (and might not do so), let alone Completed.

If the seller's items are still there on the day you Complete, that is the time to worry and take action!


It would take the seller a day to get a friend, or house clearance company, to clear the personal items.

phill99

As above. You're jumping the gun.


You don't know what arrangements the vendor has put in place to clear the items.


The property will be sold with vacant possession which means all of the vendors affects will be removed. If they are still there once you have completed, then you may have recourse. But not yet.

fidgetgreen

I'm due to exchange tomorrow. The seller's solicitor has told my solicitor that the seller isnt coming back and that the property will be sold as is.

My worry is that if i exchange and then complete in the next few days, that i won't be able to do anything once i'm the owner of the property. what options will there be if there are still items in the property?

G_M

fidgetgreen wrote: »

I'm due to exchange tomorrow. The seller's solicitor has told my solicitor that the seller isnt coming back and that the property will be sold as is.

Ah! Well if the contract is 'sold as seen' then that's how it will be when you Complete. So either

1) go back to your solicitor and say that's not acceptable to you, and you want it fully vacant possession (all items not listed on F&F form removed),or
2) walk away, or
3)plan for the stuff to still be there ie have a skip delivered the next day and dump everything, or get a house clearance company in - they might even pay you!


If you go down route 1) you need to know what you'll do if the seller says "no. Sold as seen or no sale".

davidmcn

fidgetgreen wrote: »

I'm due to exchange tomorrow. The seller's solicitor has told my solicitor that the seller isnt coming back and that the property will be sold as is.

Have you actually had this conversation about the items you've told us about, and that's the answer? Or have you not checked yet and you're just assuming that "as is" literally means with all the moveable items currently in it?

fidgetgreen

Thanks @G_M. What do you mean on your third point - they might pay you? the clearance companies I've looked at seem pretty pricey

@davidmcn - I'm waiting on my solicitor to clarify this at the moment. I'm hoping that the seller has had someone sort out the flat since I was last there so this could be me worrying for nothing.

oystercatcher

When I bought this place I made a condition that all rubbish was removed before completion.

Just ask your solicitor to tell sellers solicitor, they can then get a clearance company in before completion. You can visit and check this has happened.

martindow

oystercatcher wrote: »

When I bought this place I made a condition that all rubbish was removed before completion.

Just ask your solicitor to tell sellers solicitor, they can then get a clearance company in before completion. You can visit and check this has happened.

In this case certain items are supposed to be being left and with a clearance company are there is a risk they would take everything.

[Deleted User]

G_M wrote: »

Ah! Well if the contract is 'sold as seen' then that's how it will be when you Complete. So either

1) go back to your solicitor and say that's not acceptable to you, and you want it fully vacant possession (all items not listed on F&F form removed),or
2) walk away, or
3)plan for the stuff to still be there ie have a skip delivered the next day and dump everything, or get a house clearance company in - they might even pay you!

If you go down route 1) you need to know what you'll do if the seller says "no. Sold as seen or no sale".

If you go down route 3 then get it in writing via solicitors that the vendor is happy for you to throw away their stuff. Dont want any recourse down the line as I am 99% sure they are still the sellers possessions even after completion

sal_III

fidgetgreen wrote: »

Thanks @G_M. What do you mean on your third point - they might pay you? the clearance companies I've looked at seem pretty pricey

There are companies that will evaluate the "loot" and depending on potential re-sale value pay you to take it away and re-sell it.

Alternatively BHF will pickup free of charge a lot of furniture and items even bulky stuff like sofas, as long as they are in a decent condition.

Just have it in writing that any vendor possessions still in the property on completion are legally yours to do with them as you please.