Vendor removed items that should have been left

RobWilkie

We recently took possession of a house that was being purchased from a couple who had split up. When we got into the house, we found that they had taken an integrated wine fridge from the kitchen and left a gaping hole in the integrated kitchen as a result, including exposing the insides of the integrated dishwasher that was next to it.

The fixtures and fittings list neither expressly included or excluded the wine fridge but the estate agents particulars definitely included it. (The vendors also took curtain poles that were included on the fixtures and fittings list and left a load of rubbish behind but we're not too fussed about that).

We have had our solicitor write to theirs but so far have had no response. We don't have forwarding addresses for either of the previous owners so not sure how we start an action against them.

Any advice on next steps gratefully received. I'm tempted to report it to the police as in my view, this is a clear case of theft. But not sure whether the police would be interested.

eidand

you want to sue someone over curtain poles?

[Deleted User]

RobWilkie wrote: »

I'm tempted to report it to the police as in my view, this is a clear case of theft. But not sure whether the police would be interested.

That may be the maddest thing I've heard in a long time.

The police won't be interested in your pole.

davidmcn

RobWilkie wrote: »

The fixtures and fittings list neither expressly included or excluded the wine fridge

In which case surely the time to query it would be when you were agreeing the fixtures and fittings list, rather than after completion? I doubt there's any implication that things not mentioned on the list are included.

this is a clear case of theft

It's not theft in the slightest, never mind a clear case of it, so please don't waste the police's time. At most it's a civil matter and you might be owed whatever a second hand wine fridge is worth.

PasturesNew

If the wine fridge was not on the F&F then it wasn't included.

They would have had to manually add it and they didn't.

Any agent's words are just what they assume, or think they were told, or were told - and nothing more. Everything needs to be double checked by yourself.

It would be easy to assume it was to be left as it was in the details, agent probably pointed it out to you in a viewing, might've even said it was included, but it wasn't on the F&F list.

When you read the F&F list that was your chance to spot it missing and enquire. It's easy to see how you missed this as you didn't expect it to be taken and its omission from the list probably seemed academic as "of course it'll be left, it'd be daft for them to take it". But, take it they did .... and it's not on the F&F list so it's Game Over.

On exchange, on completion, you ONLY bought the property you saw in the title deeds map/plan & what the F&F listed.

GrumpyDil

Nope OP wants to claim for the wine cooler.

OP it's annoying but in all honesty the police will not view it as theft (if they took it before the sale completed then you never actually owned it.).

My own view is that for something that won't cost a fortune to resolve it makes more sense just to chalk it down to experience.

Davesnave

eidand wrote: »

you want to sue someone over curtain poles?

If you read it properly, they don't, but they want a fight over a secondhand wine fridge, which is almost as crazy.

OP, calm down and try to enjoy your new house instead of focusing on a couple of trivial disappointments.

If you report this to the police, they will do nothing and laugh about you as soon as you put the phone down. They certainly have more pressing things to concern them, especially at this time of year.

eidand

Davesnave wrote: »

If you read it properly, they don't, but they want a fight over a secondhand wine fridge, which is almost as crazy.

I did read it properly, the wine fridge was not included in the list of items they should have expected so you can't really complain about something that wasn't yours to begin with, surely.

All it's left is the poles and those are what ... a tenner?

RobWilkie

No - I said the curtain poles weren't an issue. It is the several hundred pound wine fridge that was taken that we'd like back. Failing that we will need to pay a carpenter several hundred pounds to remedy the gaping hole that has been left in the integrated kitchen.

Davesnave

eidand wrote: »

I did read it properly, the wine fridge was not included in the list of items they should have expected so you can't really complain about something that wasn't yours to begin with, surely.

All it's left is the poles and those are what ... a tenner?

Oh, sorry, I took this to mean what it said:

RobWilkie wrote: »

(The vendors also took curtain poles that were included on the fixtures and fittings list and left a load of rubbish behind but we're not too fussed about that).

SpiderLegs

RobWilkie wrote: »

No - I said the curtain poles weren't an issue. It is the several hundred pound wine fridge that was taken that we'd like back. Failing that we will need to pay a carpenter several hundred pounds to remedy the gaping hole that has been left in the integrated kitchen.

You didn’t buy the wine fridge so you won’t be getting it back.
You have however bought a gaping hole. What you do with that is your problem.