Questions from buyer's solicitor

Tumtitums

hello

The solicitor of the person buying my property has raised questions which have  been forwarded to me to respond to . The first is :

The  vendor must make good all damaged caused by the removal of fixtures and fittings to the reasonable satisfaction of the purchaser

So I read this as saying that if there is any damage when I remove fixtures and fittings then I am supposed to discuss the repairs with the purchaser and get their input as  to whether I have fixed any damage to their satisfaction ? I’m not  keen on doing this as I don’t know what their tastes are or how reasonable they will be . Is it reasonable to challenge this statement to say I cant agree to it

 

The second is that I am  to

Confirm you are agreeable to a retention for excess service charge being held

My understanding is that this means some money will be held back from the sale  which I cant really afford  as I need it  all to buy my next property . is it normal to disagree with this ?  they haven t specified the amount they want to put aside yet as they want to see  a LPE 1 form

Thanks

Tiglet2

The  vendor must make good all damaged caused by the removal of fixtures and fittings to the reasonable satisfaction of the purchaser
You just need to fill holes in walls where you have removed, for example, a shelf or bathroom cabinet etc, and/or replace light fittings with a wire flex and ceiling rose.  Unfortunately, if you say you can't agree to it, this will be rejected by the buyer's solicitor and will come back as an unsatisfied enquiry in a few weeks time.

Confirm you are agreeable to a retention for excess service charge being held
This is a normal enquiry when a leasehold property is being purchased.  You can disagree with a retention, but it will depend on whether there are any shortfalls on the account, whether there are any major works planned or any works completed but not paid for.  Service charges will be apportioned on completion, whereby you should receive from the purchaser a refund of any overpayment you have made.  Similarly, if the purchaser's solicitor thinks there could be a shortfall, they will want some monies kept aside until the final accounts are produced.  Retentions are usually around £200-£300.

davidmcn

Tumtitums said:

The  vendor must make good all damaged caused by the removal of fixtures and fittings to the reasonable satisfaction of the purchaser

So I read this as saying that if there is any damage when I remove fixtures and fittings then I am supposed to discuss the repairs with the purchaser and get their input as  to whether I have fixed any damage to their satisfaction ?

No, in practice it just means you fill in the holes etc in a manner which a reasonable person would find acceptable, and hope that they don't quibble about it after the event. They don't actually want a chat with you about it.

Are you actually removing anything relevant anyway?

greatcrested

Tumtitums said:

hello

The solicitor of the person buying my property has raised questions which have  been forwarded to me to respond to . The first is :

The  vendor must make good all damaged caused by the removal of fixtures and fittings to the reasonable satisfaction of the purchaser

The second is that I am  to

Confirm you are agreeable to a retention for excess service charge being held

My understanding is that this means some money will be held back from the sale  which I cant really afford  as I need it  all to buy my next property . is it normal to disagree with this ?  they haven t specified the amount they want to put aside yet as they want to see  a LPE 1 form

Thanks

1) "The vendor agrees to take reasonable steps to make good all damaged caused by the removal of fixtures and fittings "

2) wait and see how much they propose. It is not unreasonable for an appropriate amount to be witheld if there may be ground rent or service charges for the period of the vendor's ownership

jaxkesa

If you remove a small nail holding up a picture, would you be expected to fill and/or paint that as well? Or is that sort of thing acceptable?

davidmcn

jaxkesa said:

If you remove a small nail holding up a picture, would you be expected to fill and/or paint that as well? Or is that sort of thing acceptable?

Even if it weren't acceptable, it's hardly anybody's while going legal about it, is it?

Splatfoot

jaxkesa said:

If you remove a small nail holding up a picture, would you be expected to fill and/or paint that as well? Or is that sort of thing acceptable?

Just leave the nail in the wall. 

Thrugelmir

What fixtures and fittings are you planning on removing?

NinjaTune

Splatfoot said:

jaxkesa said:

If you remove a small nail holding up a picture, would you be expected to fill and/or paint that as well? Or is that sort of thing acceptable?

Just leave the nail in the wall. 

That's what I'm planning to do with the house I've accepted an offer on.  The walls were painted many (many) years ago so even if I filled the hole I couldn't colour match any paint to cover the filler.  I'm not repainting several rooms just to cover a few nail holes.  I figured it was best to just leave the nails and they can hang a picture in the same place or remove the nail when they redecorate.

I'm not taking any fixtures and fittings so that's not going to be an issue for me.  Easier to leave to them than repair any damage caused by removing them.  They are as ancient as the decor (bathroom/toilet cabinets, loo roll holders, towel rail etc) so I doubt the buyer wants them but I'm leaving them anyway!

TheProfessional

I put in screws with wall plugs to hold heavy mirrors, artwork etc. We are planning on leaving them all in-situ so the new owners have somewhere they can hang what they want.

In reality, I would definitely make more of a mess trying to get them out and they are well placed in good locations (IMO)

Tumtitums

The question asks about fixtures and fittings  so im thinking of things like the bed ,washing machine, fridge sofa etc . its unlikely that there will be any significant damage when these are removed however i only met these buyers for about 15mins and i don't know if they are reasonable people and i am moving house so do not want to get into a conversation about whether  I have adequately filled a hole in the wall to the reasonable satisfaction of the purchaser.

i dont understand how i can fulfill this without discussing or checking with a purchaser and since the question has come from a solicitor i don't see how i can brush this aside as something unlikely to happen

I am selling a leasehold flat and i have paid all charges and ground rent for the whole year so i was expecting money back and not to have to set money aside  as a retention for excess service charge

so i am quite annoyed at this .If its £100-200 then ok but when am i to get this back ??. I had budgeted everything carefully but had not budgeted for this as this is the first time im hearing about this. If they ask for too much then the sale cant go ahead