Questions from buyer's solicitor

greatcrested

GDB2222 said:

There’s often a mark on the wall where the sofa has been. That’s just how it is, and the sellers are not expected to redecorate.

GDB2222 said:

There’s often a mark on the wall where the sofa has been. That’s just how it is, and the sellers are not expected to redecorate.

as far as im aware a sofa , washing machine, fridge, bed are fittings , i'm definitely not removing any built in shelves

Your awareness is simply incorrect. I'm not sure why you asked here if you're so reluctant to accept our advice.

I suppose you also think the doormat, the family pictures on the walls, the Fairy liquid in the kitchen and the desktop computer are also are fittings? Where do you (in your rather confused head) draw the line regarding the definition of 'fittings'?

sheramber

Fixtures are fitting are those  things that would not fall out if you turned the house upside down and shook it.
Curtain poles, fitted shelves, cabinet fixed to the wall- a fixture, light fittings but not shades, fitted wardrobes, get the idea? 

Tumtitums

I spoke to my solicitor and they agree with me and feel that they shouldn't be asking such a question and that the sellers solicitors are basically asking a lot of unnecessary questions to justify the fee they are charging (there are actually 31 questions in total) . I therefore wont be agreeing to this wording about fixtures and fittings  and will wait to see the amount they want

AnotherJoe

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

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

It is, you dont have to accept that. You could replace it with alternate wording as suggested in a few posts.

Or my favourite, you can accept it and leave the nails in (as also suggested by other posters. This way you have maliciously complied with the clause, which serves them right for having such an unreasonable condition.

GDB2222

Tumtitums said:

I spoke to my solicitor and they agree with me and feel that they shouldn't be asking such a question and that the sellers solicitors are basically asking a lot of unnecessary questions to justify the fee they are charging (there are actually 31 questions in total) . I therefore wont be agreeing to this wording about fixtures and fittings  and will wait to see the amount they want

Buying and selling involves a bit of give and take on both sides. Hopefully, your sale won’t fall in over this.

Davesnave

GDB2222 said:

Tumtitums said:

I spoke to my solicitor and they agree with me and feel that they shouldn't be asking such a question and that the sellers solicitors are basically asking a lot of unnecessary questions to justify the fee they are charging (there are actually 31 questions in total) . I therefore wont be agreeing to this wording about fixtures and fittings  and will wait to see the amount they want

Buying and selling involves a bit of give and take on both sides. Hopefully, your sale won’t fall in over this.

Or maybe it will.OP doesn't seem particularly thrilled to have a sale. If the buyer decides they aren't terribly comfortable buying in the current downbeat financial climate.....

SaintJudy

I've asked the vendors of my new place to leave in the picture hooks and nails etc, as it seems absolutely pointless for them to fill the holes only for me to put another nail in!

Exodi

I'm thanking my lucky stars that you weren't the vendor for my last house purchase OP. To be so disagreeable to a simple clause asking that you fix any damage you cause trying to remove fixtures (and not wanting to leave them) would terrify me as the prospective buyer.

Plus, let's be real here? You really think the potental new owner will take you to court after the sale completes because you took a nail from the wall and didn't fill the hole? Just leave the fixtures if you're so bothered - the previous owner did in my house.

I wish I was these posters that seemingly have so little to worry about in their lives that they turn largely irrelevant matters into such mountains.

Davesnave

Now I've looked at this thread carefully, I think the real problem was that the OP thought the clause meant their making good had to meet a standard deemed reasonable by the individual purchaser.

I don't think that's what it means at all; it's not about individual fads or fancies. From where I'm sitting it means making good should be done, but the purchaser's expectations should be reasonable and not overly critical. This makes sense, given that most of us are not DIY experts and that a second-hand house will be bound to show signs of wear; quite considerable in some cases.

 

bravotango

I think if it was just a hole from a nail, I doubt any buyer would care.

However, if they were removing something, and it left a gaping hole in the wall with considerable damage, then yes, I would expect the current vendor to fork out to make it good again.

It's about "Taking Reasonable Care" is the key thing to take from this clause.