Previous home owner not paid for kitchen. Now I own the property. Am I liable ?

Laaly

hi,
I am about to exchange on a new home. During a viewing the vendor mentioned in passing that they haven’t yet finished paying for the Wren kitchen that is installed in the property. If they don’t pay off the debt, or finish paying for the kitchen, will I become liable for the payments?? Or will the debt stay with the previous owner? I have asked my conveyancer to investigate this, but she has said I need to sort it out the Wren myself??!

NameUnavailable

It's their debt, they need to pay. You don't have any contract with Wren.

ratechaser

Who signed the loan agreement with Wren to pay for the kitchen? 

You? 

The house? 

The current owner...?

There's a hint to start you off   Not sure what your prospective vendor is smoking, but unless she is suggesting you voluntarily take on the debt (and for that matter, Wren are ok with that as well), then it isn't happening!

Mildreds_Earrings

Laaly said:

hi,
I am about to exchange on a new home. During a viewing the vendor mentioned in passing that they haven’t yet finished paying for the Wren kitchen that is installed in the property. If they don’t pay off the debt, or finish paying for the kitchen, will I become liable for the payments?? Or will the debt stay with the previous owner? I have asked my conveyancer to investigate this, but she has said I need to sort it out the Wren myself??!

I wonder why she dropped that into the conversation? 😂. Anyway, the debt stays with her. One of the houses we owned, the window company took the former Vendor to court for non - payment. The Vendor sold up without telling them but they managed to get a CCJ against her and an attachment of earnings order when she still failed to pay.  We only knew all this because the window company visited us first, thinking she still lived there, then a neighbour who kept in touch with her, told us the outcome. Shameful woman! 

No, Wren can't go after you for non-payment. They'll go after the Vendor - shouldn't be hard to find her with those loose lips of hers! 

JHW1942

Perhaps she'll ask you to make her mortgage payments, if she hasn't finished paying that off, either?

Herbalus

Just a note of caution, and I don’t know the answer here, but would Wren have any recourse to the actual kitchen? As in would Wren retain ownership of the kitchen until paid in full? If it’s the case then presumably the seller cannot legally sell it (as doesn’t yet own it).

of course wren are highly unlikely to dismantle the kitchen but just a question. My builder invoices stated all goods were property of the builder until the invoice was paid.

AnotherJoe

Good Q I was wondering that. As you say its beyond extremely unlikely, even if only because of bad publicity, they would do this but it would seem to me they would be entitled to do that, in the same way if you "sold" a car to someone and they never paid you *, you could get it back but the practical aspect here would be them gaining access to do this, unlike say having the car keys and can drive it away.

*No paperwork having changed hands for the pedantic among us

user1977

Herbalus said:

Just a note of caution, and I don’t know the answer here, but would Wren have any recourse to the actual kitchen? As in would Wren retain ownership of the kitchen until paid in full? If it’s the case then presumably the seller cannot legally sell it (as doesn’t yet own it).

of course wren are highly unlikely to dismantle the kitchen but just a question. My builder invoices stated all goods were property of the builder until the invoice was paid.

No, retention of title clauses generally don't work in consumer contracts, and especially not after the stuff has become part of your house. Hence why you've never seen double glazing companies repossessing their windows etc.

The OP's solicitor sounds a bit useless though if she couldn't answer this question! 

AdrianC

The only time there would be any involvement of the house itself in the debt would be if Wren had a charge secured against the property - and your solicitor would ensure that was cleared before completion.

This is purely a personal debt, just as a car loan or credit-card debt or sofa loan.

BikingBud

Although it may not be required isn't it simple to seek assurance of payment and settlement of all debt related to work on the house as a pre-condition of exchange. 

Doozergirl

BikingBud said:

Although it may not be required isn't it simple to seek assurance of payment and settlement of all debt related to work on the house as a pre-condition of exchange. 

That would be like asking the vendor to pay off their own car loan or credit card with the sale proceeds.  It's none of the OP's business. 

It's an unsecured credit agreement like any other unsecured credit agreement.