Lawyer has made error in our offer

AdrianC

jjgdoc said:

AdrianC said:

jjgdoc said:

The furniture may not be 4K now but if I now have to buy it due to my lawyers negligence I’ll be at a 4K loss. So I will be 4K out of pocket and sleeping on the floor.

Have you come across the concept of betterment?

You are saying "I haven't got this second-hand item, so I buy new, therefore my loss is the cost of the new one." No, that's betterment. It doesn't work like that.

You might or might not be due the value of the second-hand item.

What if the second-hand TV failed shortly after you moved in?

What about the coast of delivery? The inconvenience?

What about it?

Moving into the property late when I’ve taken annual leave and rearranged work.

There's no valid reason at all for you to delay either completion of the sale or moving in.

If you choose to do so, that's your prerogative.

As I said the 2nd hand stuff may not be worth 4 now, but I made an offer based on these items which will now not be there.

Well, no, you didn't. That's the point. The offer to the vendor did not include them.

Yes, it should have done... but it didn't.

You offered £x + second-hand items. That was rejected.
You offered £x + £1k without the second-hand items. That was accepted.
You now want to amend the offer to £x + £1k + second-hand items. The vendor may or may not accept that.

Since you have not concluded missives, the sale is not yet fully agreed and legally binding, so you may yet be able to come to a mutually acceptable agreement.
If you and the vendor cannot come to an agreement, then you each have the right to walk away.

What you may or may not agree with your solicitor over recompense for their error is an entirely different question.

If there is no protection in place for this then that’s fine the sell will fall through

If you choose to pull out of the purchase over the cost of some second-hand furniture, then that too is your prerogative.

gettingtheresometime

If the items are electrical what would be your attitude if you moved in, turned the item on and then it went bang?

GixerKate

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

AdrianC

GixerKate said:

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

£4k was the new price. Second-hand value is far lower.

deannagone

At this moment in time, you don't know what will be left and what will be taken.  Wait.., and see what the situation really is.  No point in putting yourself through decision making, extra hassle and stress until you know what will be left.  

jjgdoc

AdrianC said:

jjgdoc said:

AdrianC said:

jjgdoc said:

The furniture may not be 4K now but if I now have to buy it due to my lawyers negligence I’ll be at a 4K loss. So I will be 4K out of pocket and sleeping on the floor.

Have you come across the concept of betterment?

You are saying "I haven't got this second-hand item, so I buy new, therefore my loss is the cost of the new one." No, that's betterment. It doesn't work like that.

You might or might not be due the value of the second-hand item.

What if the second-hand TV failed shortly after you moved in?

What about the coast of delivery? The inconvenience?

What about it?

Moving into the property late when I’ve taken annual leave and rearranged work.

There's no valid reason at all for you to delay either completion of the sale or moving in.

If you choose to do so, that's your prerogative.

As I said the 2nd hand stuff may not be worth 4 now, but I made an offer based on these items which will now not be there.

Well, no, you didn't. That's the point. The offer to the vendor did not include them.

Yes, it should have done... but it didn't.

You offered £x + second-hand items. That was rejected.
You offered £x + £1k without the second-hand items. That was accepted.
You now want to amend the offer to £x + £1k + second-hand items. The vendor may or may not accept that.

Since you have not concluded missives, the sale is not yet fully agreed and legally binding, so you may yet be able to come to a mutually acceptable agreement.
If you and the vendor cannot come to an agreement, then you each have the right to walk away.

What you may or may not agree with your solicitor over recompense for their error is an entirely different question.

If there is no protection in place for this then that’s fine the sell will fall through

If you choose to pull out of the purchase over the cost of some second-hand furniture, then that too is your prerogative.

“What you may or may not agree with your solicitor over recompense for their error is an entirely different question”

That’s the only question I’ve asked, I actually empathise with the sellers this all due to negligence by our lawyer.

”the cost of some second hand furniture”

me and my partner are first time buyers and have had to put down 29k on this property so no it’s not just some “2nd hand furniture” to us. it’s electrical items That have been fitted into false walls, a couch and garden furniture That we now don’t have the money to cover.

sorry we’re not as affluent as yourself sir 😒

jjgdoc

gettingtheresometime said:

If the items are electrical what would be your attitude if you moved in, turned the item on and then it went bang?

I’d contact my lawyer the same way you’d contact them if you moved in and your lights “went bang”.

jjgdoc

GixerKate said:

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

GixerKate said

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

Not got the 4k unfortunately. No point in having your dream house and eating your dinner on the floor is there?

k3lvc

jjgdoc said:

GixerKate said:

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

GixerKate said

jjgdoc said:

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

This is your dream home that you are going to walk away from due to £4k of second-hand furniture?

Yes it sucks what has happened but is it really worth walking away from the house?

Not got the 4k unfortunately. No point in having your dream house and eating your dinner on the floor is there?

But many people do - sometimes life is about short term compromise

If they've taken the  'built in' TV then you scour eBay/Marketplace for an identical model and pick one up second hand. For sofa/garden furniture there'll be local 2nd hand options available

The cost may eat into your buffer (you do have one ?) or may have to go short-term borrowing but it'll be cheaper than any costs already incurred by pulling out at this stage

elsien

jjgdoc said:

AdrianC said:

jjgdoc said:

The furniture may not be 4K now but if I now have to buy it due to my lawyers negligence I’ll be at a 4K loss. So I will be 4K out of pocket and sleeping on the floor.

Have you come across the concept of betterment?

You are saying "I haven't got this second-hand item, so I buy new, therefore my loss is the cost of the new one." No, that's betterment. It doesn't work like that.

You might or might not be due the value of the second-hand item.

What if the second-hand TV failed shortly after you moved in?

What about the coast of delivery? The inconvenience? Moving into the property late when I’ve taken annual leave and rearranged work. As I said the 2nd hand stuff may not be worth 4 now, but I made an offer based on these items which will now not be there. 

As I said in my own line of work I would be expected to cover any loss to my customer fully. Like if I burst a pipe and destroy a floor I don’t replace it with some random 2nd hand floor, I pay a joiner to fit the exact same floor or as close as possible.

If there is no protection in place for this then that’s fine the sell will fall through but that doesn’t sit right with me. 

Thanks 

Why do you need to move into the property late? I moved into mine with a camping mat and a deckchair to sit in. Surely some missing items doesn’t warrant delaying any move?