Whose responsibility for negotiating items included in the sale?

rik111

Think of it this way, the valuation said house was worth minimum of 2k less which you managed to get price reduced by but the sellers then sold you a load of junk / fixtures that were included in with your original offer to get the price back up mitigating the 2k reduction.... Sounds like you have been played. Stop messing about and tell them price was reduced by 2k including the items originally agreed and you feel they are being dishonest now trying to sell you these items. Give them 24 hrs to accept your offer and in the mean time book more viewings with the same estate agent. I am damn sure he will get it sorted immediately.

AnotherJoe

If they put it back on the market it will probably stop there for some considerable time.

I would call their bluff since otherwise it would irritate me every day in that house, knowing they had ripped me off.

janzbro

just filled out my solicitors conveyancing pack and it has a section in it that names ordinary fixtures and fittings also whether these are present or not , included or not and price if you want to sell it to the buyers. Its upto your solicotr to send it to your buyers solictor and then present it to your buyer. You could also name specific items with price in the same section 

janzbro

if hes listed them as included on the fixture and fittings and signed it - then legally what is on the list is included in the sale.

Tell the solicitor to sort it or you will withdraw the offer, but be prepared for lots of non working !!!!!! left for you when they go.or they take stuff with them thats on the list. then you have to !!!!!! around going legal or just accepting it.  
 

AdrianC

janzbro said:

if hes listed them as included on the fixture and fittings and signed it - then legally what is on the list is included in the sale. 

Only the version of the contents list with the exchanged contract is in any way legally binding. Up until exchange, everything is up for negotiation.

OP - it's very simple. You say - THROUGH YOUR SOLICITOR - "We're happy to pay for the blinds, we do not want the rest and will not pay for them. No more negotiation on the list will be entered into. Now let's move forward to exchange - else the sale is off."

eddddy

Is the EA paid on completion?

This is exactly the type of dispute/argument that an EA should be resolving, in order to get their fee on completion - it's a key part of their job, and what they're paid to do. 

Anyway, perhaps you need to take a step back and consider some bigger questions, like:

• Are you prepared to walk away over this?
• Do you think the seller is prepared to walk away over this?
• Do you think you and/or the seller could compromise?
• If you played a waiting game, who would give in first?
• etc

FWIW, I wouldn't involve the solicitors in this kind of 'arguing'. The only time I might involve a solicitor is if negotiations had broken down, and there was a last-ditch ultimatum like  "My offer included x, y and z, I'm not proceeding unless these are included in the sale".

gwynlas

Are the neighbouring houses also privately owned? If you really want the house do any negotiations through the estate agent who will be looking for sale and commission from seller. Any negociation through solicitor  will be billed to you.
I would be pushing for an exchange date as son as possible, if the worse comes the worse you could put newspaper up to the conservatory windows.

eidand

Surely negotiating via solicitor is expensive. EAs have a vested interest to complete the sale asap, or there is no fee for them.

I don't know about the OP but I would only care about stuff like a summer house or built-in wardrobes, as in anything that is custom built for the house and there would be no point taking those. 
Everything else I'd expect the seller to clear .

nnewtoarea

Just say I am interested in the Blinds. Get everything else removed from the form. How much are they charging for Blinds.