TA10: Fixtures, Fittings and Contents

bhaisab

Hello Forum

Buying a house and wanted to know if things mentioned in an Estate Agent advert should be included in sale.

When viewing the house and making an offer we discussed certain items but not everything.  I know now, that we shouldn't have assumed anything.

We've been sent the sellers TA10 form can see that they are taking things that were mentioned in advert (like integrated fridge, electric fireplace and CCTV), also other items that we didn't discuss and weren't mentioned in advert, like light fixtures, bathroom mirrors, loft ladder.

Not happy that they are taking some items but they weren't discussed or mentioned in EA advert so belong to them.
But can I ask for the items that are mentioned in EA description?

davidmcn

You can ask, sure. It's possible there's just been some confusion or forgetfulness about what was advertised.

chalky_white_2

Be aware that discussions via agents do not form part of any contract.   Only discussions between conveyancers.   The TA10 is the first such 'discussion' (obviously it is not actually discussed) between the conveyancers.   At this time the items in the TA10 that are 'included' shall be left and 'excluded' shall be removed.

I would note that some Seller's may have completed and returned the form to their solicitor before any discussions with you.   Identify any disagreement (items you want to stay, or that should be removed) and confirm this with the Seller via the agent first (quicker) and then confirm the agreement via your conveyancer.

princeofpounds

You can ask for whatever you want, short of their first-born child

What matters now is the TA10 form, and not the EA advert. However, having listed something on the EA's advert, you have a strong moral case (nothing more) to demand it is left for you; your offer would certainly have relied on that information. No EA goes through the property's inventory forensically with vendors (that's why you need to TA10 process!) so don't get too hung up on what the EA did or didn't do; they would have described it as they found it. 

Furthermore, there are quite a few items that you list which most people would regards as fixtures and fittings and would reasonably expect to be left behind. Like the loft ladder, the fireplace, integrated appliances. It's a bit more normal for sellers to take things like light fittings and mirrors. CCTV I'm not sure about... I'd be concerned about the wiring coming out and how hard it would be to get back in, if you wanted it.

But ultimately it's all a negotiation - not of rights and wrongs, but of commercial reality. The problem is that you appear to have a vendor who is trying to strip the house of everything of value, so you'll need to be on point with regards to what is on that form and isn't. Curtain poles, carpets etc! 

Often you find when vendors move they think they are going to take all sorts of stuff with them, but as the reality of the move hits they get less keen.

You should be in a pretty powerful position as a buyer at the current time, so stand firm.

Mutton_Geoff

Also ask the vendor to itemise the value of the F&Fs they're leaving/including in the sale price. Then ask your solicitor to deduct this from the declared purchase price of the house to reduce your stamp duty. The vendor still gets the same money (£x for house £y for F&Fs) but you save stamp duty on them. This is particularly useful on a high value second property where you'd be saving 15% but even if it saved me £100 stamp duty, I'd do it. This is MSE after all.

bucksbloke

Why would someone not want to include an integrated fridge? That's so weird! 

iampetesmith

Some of those things the vendor is taking seem reasonable (light fittings, mirrors), others just seem odd and more awkward to remove and refit in their new house (loft ladder, integrated fridge, CCTV).

Our vendor left all the integrated kichen appliances, light fittings and even some stuff that was too bulky to move to his new house like the American fridge freezer and two big wardrobes in the bedroom.

I've boarded the loft and fitted a ladder and new lights up there, but if I sold the house I'd leave it all there as it's a selling point. Some of those items he's taking seem downright weird.

cattie

Did you offer a much lower price than sellers would have liked? Only this type of thing often happens in that type of scenario. I've never heard of not including loft ladder, though bizarrely have heard of folks taking the garden shed, lightbulbs, toilet roll holder etc.

I can understand taking integrated fridge if a top of range model & not very old & some light fittings if they were very expensive & not the type of thing that would be easy to come across now- I took some light fittings from my previous property, but had let my buyer know in advance that they wouldn't be left behind.

It's always best to enquire at the start of the buying process if things you like the look of will be left, such as curtains, blinds etc. I've always left them as they were made to measure for those windows but many sellers take them, plus curtain poles & rails too!

AdrianC

One of the RM photos of this place was of a wooden summerhouse in the garden. Guess what was explicitly excluded on the TA10...

GDB2222

Personally, I’d withdraw my offer. Anybody who wants to take the loft ladder is going to be hard to deal with. It’s the sort of thing that costs less to buy than to fit. They sound extremely mean people and may have skimped on maintenance. 

bhaisab

cattie said:

Did you offer a much lower price than sellers would have liked? ....

Yup, but not a LOT lower.
Asking price was £350k and we offered £320k, thought that was a standard offer, not even 10%. thought it was fair as offer made during peak lockdown. It was accepted within a day, so it's not like they were thinking over it and not really happy with the offer.

Generally sellers seem pleasant, but their tone changes when discussing items in the house, especially when negotiating for the extra items that they offered and we wanted, like wardrobes (which probably would have been too bulky to move anyway). they kept mentioning that we getting a good price for the house.

Now worry that since they accepted a lower offer, they are looking to strip and take/sell what they can.
Dont want to turn up on completion to find house has been stripped.

Its not just about the money (obv would like to keep everything) but it's the hassle of replacing the electric fire and CCTV and getting a fridge to fit.
The kitchen and bathroom were done up within last 12 months, and appliances look fancy so maybe fridge is pricey. other fitted appliances are staying.
The bathroom mirror does look very stylish, but again I feel its been used to entice us to make an offer. but not heard of sellers taking bathroom items.
Also light fittings are expensive looking, and I know from previous experience that these are commonly taken.
BTW the shed is staying but outdoor storage box is going and they are not sure whether the wheelie bin storage box are going or not.