Seller removing items included in TA10 form between exchange and completion

Rakushun

Hi,

I'm buying a property that has several items agreed as part of the purchase, before exchanging I ensured they were all accurately included in the TA10 Fittings and Contents form in the included box. Days after exchange, the seller messages me via the agent message system that they are removing several items as they are broken beyond repair, this was not the case on any of our visits including one a couple weeks ago, they were checked and we were happy so exchanged.

What are my options?

greatcrested

Inform your conveyancer.

Clearly it's breach of contract and you could claim the cost of the items. What is their (realistic 2nd hand!) value?

You could ask the seller to pay, or ask him to replace them, or just let it go and replace them from ebay/freecycle and write it off as 'one of those things'.

Depends how valuable, and how much agro you are prepared to add to the purchase process!

Simplest solution if the seller is amenable is for seller to give you £50 (£100 whatever) and forget messing around with the contract.

UnderOffer

Are these expensive items? Trying to think what they could be, I’d challenge this if it’s expensive parts of a fitted kitchen, but if it’s furniture or lampshades for a few £100 I’d probably leave it. 

AdrianC

What "items" are we talking about?
What is their realistic used value, in the condition you last saw them?

elsien

If you can be doing with the faff of getting rid if they are genuinely broken, tell them to leave them behind anyway.
The people I bought from were leaving a washing mashing which did genuinely break in the interim. They were offering to leave all sorts of stuff I didn’t want, instead. 
I declined their kind offer of a manky sofa bed but they left it regardless. 

For the value of the washing machine, if still working, it really wasn’t worth making a fuss over. 

Rakushun

The items are furniture of a quality I have been unable to buy previously, and have been planning to use instead of my own which is breaking.  They were in good condition only a couple weeks ago and the property has been vacant a long time, with the exception of collecting the last belongings. I'm not flowing with cash either, so knowing I wouldn't need to buy new was a relief.

comeandgo

Rakushun said:

The items are furniture of a quality I have been unable to buy previously, and have been planning to use instead of my own which is breaking.  They were in good condition only a couple weeks ago and the property has been vacant a long time, with the exception of collecting the last belongings. I'm not flowing with cash either, so knowing I wouldn't need to buy new was a relief.

But you don’t need to buy new.  Try Facebook where people can be giving items away.  

AdrianC

Rakushun said:

The items are furniture of a quality I have been unable to buy previously, and have been planning to use instead of my own which is breaking.  They were in good condition only a couple weeks ago and the property has been vacant a long time, with the exception of collecting the last belongings. I'm not flowing with cash either, so knowing I wouldn't need to buy new was a relief. 

How much furniture, what sort of furniture?

They owe you the used value of those items of furniture. Realistically, how much is that? No, not the price of brand new equivalents...

I presume we aren't talking about valuable antiques... so start looking at the second-hand shops and charity shops. Most towns have a furniture recycling project, where perfectly good used furniture is sold for relatively low prices.

m0bov

Speak to your Sol. The threat of legal action might make them re appear.

Rakushun

I'm trying that, response so far is they are attempting to fix and will leave if successful, but wont contribute to buying new furnture as they were left as a goodwill gesture.

Of course this isn't true, it was never mentioned verbally or in writing and the items are all explicitly included in the TA10 as part of the purchase. Why they would decide something was broken beyond repair and remove without asking I don't know.

lincroft1710

Were the items of furniture discussed prior to you submitting an offer and/or your offer being accepted?