Does the TA10 Fittings and Contents form override previous written agreement?

Housebuyer2019

Thanks all. She doesn’t know the value of the items but the table was an 8 seater solid oak. The wardrobes were very large but not fitted and the sofa was a large corner sofa but she doesn’t know where it was from originally. I’ve told her I personally think it’s not worth fighting it and to chalk it up to experience.

Tiglet2

The solicitor would only advise the same as everyone else here. If the negotiation for additional "contents" did not form part of the contract (i.e. listed in the Fixtures & Contents Form, attached to the Contract and therefore legally binding), then it will be difficult to pursue and the solicitor would not be minded to intervene. Did any money change hands via the Agent in addition to an email?

Skiddaw1

Housebuyer2019 wrote: »

Thanks all. She doesn’t know the value of the items but the table was an 8 seater solid oak. The wardrobes were very large but not fitted and the sofa was a large corner sofa but she doesn’t know where it was from originally. I’ve told her I personally think it’s not worth fighting it and to chalk it up to experience.

I think that's very wise. For what it is worth, we quite recently bought a reclaimed large oak farmhouse table along with 6 matching chairs from a local salvage yard for only £400 so I'd hope your friend can find replacement furniture relatively cheaply.

Housebuyer2019

No money changed hands for any of the furniture. My colleague initially offered on the basis that all the living room furniture and wardrobes were included (display cabinet, bookshelf, sideboard, lamp table) because she knew the seller was moving in with his girlfriend. The compromise was that only a few bits of furniture was to be included

GDB2222

G_M wrote: »

Not so.

TA10 is actually headed:

Download a TA10 Fixtures & Contents Form by clicking here

Last house I sold I had to attach an additional page to the TA10 as I was including too many items of furniture to fit on the form itself.


If an item is to be included in the sale it should be in the contract. TA10 forms part of the contract. An email does not.

You are quite right. On the other hand, it only applies if an item is to be included in the house sale (as you say).

So, if there is a separate side agreement to leave the table and sofa behind, with the house-buyer paying £200 say, I don't see why that would necessarily be superseded by the TA10.

SpiderLegs

GDB2222 wrote: »

You are quite right. On the other hand, it only applies if an item is to be included in the house sale (as you say).

So, if there is a separate side agreement to leave the table and sofa behind, with the house-buyer paying £200 say, I don't see why that would necessarily be superseded by the TA10.

You can’t have a separate side agreement for items like this. That’s the whole point.

Anyway this email as a separate agreement isn’t contractual as there was no consideration on the part of the OP.

Housebuyer2019

The solicitors don’t reopen until 2nd January but I’m pretty sure they’ll agree with you all here. If the solicitors agree then she’s decided she’ll just leave it. Thank you for all your help.

G_M

GDB2222 wrote: »

... On the other hand, it only applies if an item is to be included in the house sale (as you say).

So, if there is a separate side agreement to leave the table and sofa behind, with the house-buyer paying £200 say, I don't see why that would necessarily be superseded by the TA10.

Way back when in the mists of conveyancing time, there was no TA10 (nor other forms like TA6 etc).


Solicitors each drafted their own sales contracts, all using different formats and texts, and there was a drawn-out process whereby drafts were amended back and forth, maybe 3 or more times, between buyer/seller's conveyancers, before the wording was agreed (each amendment being proposed by hand in different coloured ink to identify 1st, 2nd, 3rd amendment etc!).


Then the Law Society introduced the standard conditions of sale, supported by standard forms, to provide a single, all-incompassing contract.


Anything to be included in the contract(whether special terms, or fixtures/contents, or unusual penalties) goes into those standard forms. Anything not in the standard forms, is excluded.


It's not unusual for discussions to take place in the early stages, either verbally or by email etc, and not unusual for estate agents to make suggestions regarding eg what the seller has suggested is included, but unless these things are confirmed during coveyancing within the contract, they are not binding.