Seller removing items included in TA10 form between exchange and completion

Thrugelmir

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. 

Furniture isn't normally regarded as a fitting. 

Rakushun

yes long before

Rakushun

in writing via agents message system too

macman

'Are removing' to me means 'planning to remove'. Call their bluff and say that you would expect the items to remain, even though broken, as they were included on the SPIF. If already disposed of, ask them to replace with items of a similar or better value.

How sure are you that the items were not actually 'broken' when you inspected the property? Furniture can be damaged, chipped, scratched etc, but it's usually fairly obvious if it's broken beyond repair.

What you consider useful may to them seem utter junk, and they may think they're doing you a favour. Don't assume they're trying to scam you without proper evidence.

Rakushun

macman said:

'Are removing' to me means 'planning to remove'. Call their bluff and say that you would expect the items to remain, even though broken, as they were included on the SPIF. If already disposed of, ask them to replace with items of a similar or better value.

How sure are you that the items were not actually 'broken' when you inspected the property? Furniture can be damaged, chipped, scratched etc, but it's usually fairly obvious if it's broken beyond repair.

What you consider useful may to them seem utter junk, and they may think they're doing you a favour. Don't assume they're trying to scam you without proper evidence.

They were fine to pass on when they agreed to it. I haven’t had confirmation it’s happened either way since they chose to inform me indirectly instead of texting so I couldn’t reply to them. The position is they’ll try to fix and return if successful, and won’t buy replacements/ give money, at no point have they asked what I want and with the short time left I’m unsure how to get the items back even if I say leave them anyway.
Why would anyone remove unfixable broken items and keep them anyway so they could even be able to offer to repair? 

Can I get them back after completion?

My sol wants to be paid now ready to complete, will it be dropped once they get that?

anteguardian

I wouldn’t be completing anything or paying the solicitor until this situation (or dispute as it should be called) between you and the vendor is settled.

If it’s been agreed on paper that these items would left for you as part of the property then that’s exactly what should happen... they can’t decide to change the terms of the sale after you’ve exchanged without your explicit agreement.

It’s probably important to note it may be a genuine mistake on thier part and they think they are doing you a favour by removing damaged items.
But they shouldn’t really be removing anything you’ve agreed to be left without asking you first.

macman

OP can't delay completion now as they have already exchanged.
If vendors are unwilling or unable to return or replace then the only option is legal action post-completion.
OP must decide if the value of this stuff merits such action. Possibly an LBA could be sent by the conveyancer now, but when you are dealing with vendors as weird as this, the result is unpredictable.

teachfast

macman said:

'Are removing' to me means 'planning to remove'. Call their bluff and say that you would expect the items to remain, even though broken, as they were included on the SPIF. If already disposed of, ask them to replace with items of a similar or better value.

How sure are you that the items were not actually 'broken' when you inspected the property? Furniture can be damaged, chipped, scratched etc, but it's usually fairly obvious if it's broken beyond repair.

What you consider useful may to them seem utter junk, and they may think they're doing you a favour. Don't assume they're trying to scam you without proper evidence.

They're trying to scam the OP.

AdrianC

teachfast said:
They're trying to scam the OP.

The value of some disposable second-hand furniture...

Woo.

Some scam.

JessJ23425

AdrianC said:

teachfast said:
They're trying to scam the OP.

The value of some disposable second-hand furniture...

Woo.

Some scam.

Second hand furniture can still be worth hundreds of pounds and as it seems to be multiple items it could well be in that range, would you allow your seller to knock hundreds of pounds off the agreed price for no apparent reason? Whatever their value we don't know OP's financial position and he said he was banking on not having to purchase said furniture, either reason seller is at fault and should have communicated much better.