Lawyer has made error in our offer

lookstraightahead

I'm not sure what's happened here - did you not have paperwork to sign off and to check?

our deeds were missing half the garden when I checked (with the kind help of folk on here) and I'm glad I did. Are you saying you didn't see any paperwork, or haven't yet?

from a financial perspective, don't push yourself so much that you can't afford to move in with no 'unknown' expenses. You will find something you have to pay for that you didn't know existed. 

jjgdoc

k3lvc said:

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

Were not pulling out. Our lawyer has decided to waive their fees which is good but I don’t know about your situation but finding out you’ll have to spend around 3k with 6 days notice is a major financial thing for us. The stuff new would cost just under 10k, 2nd hand around 4k though this is why we offered 11k over the asking price.

jjgdoc

lookstraightahead said:

I'm not sure what's happened here - did you not have paperwork to sign off and to check?

our deeds were missing half the garden when I checked (with the kind help of folk on here) and I'm glad I did. Are you saying you didn't see any paperwork, or haven't yet?

from a financial perspective, don't push yourself so much that you can't afford to move in with no 'unknown' expenses. You will find something you have to pay for that you didn't know existed. 

No the only paperwork we have signed is the security for NatWest and our lawyer. As I said in the original post the lawyer didn’t show us the written acceptance until Monday this week, our offer was accepted on the 3rd of June.

just seems like sheer negligence by our own lawyer and I just thought their may have been a procedure or regulations in place for when this happens that the client is protected.

thanks  

jjgdoc

jjgdoc said:

lookstraightahead said:

I'm not sure what's happened here - did you not have paperwork to sign off and to check?

our deeds were missing half the garden when I checked (with the kind help of folk on here) and I'm glad I did. Are you saying you didn't see any paperwork, or haven't yet?

from a financial perspective, don't push yourself so much that you can't afford to move in with no 'unknown' expenses. You will find something you have to pay for that you didn't know existed. 

No the only paperwork we have signed is the security for NatWest and our lawyer. As I said in the original post the lawyer didn’t show us the written acceptance until Monday this week, our offer was accepted on the 3rd of June.

just seems like sheer negligence by our own lawyer and I just thought their may have been a procedure or regulations in place for when this happens that the client is protected.

thanks  

Fortunately I’m a spark so any issues with the house I will be able to sort between me and colleagues at work for next to nothing. 

I could get the 4k from family but it just seems unfair to ask them when it’s a lawyers mistake.

[Deleted User]

jjgdoc said:

k3lvc said:

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

Were not pulling out. Our lawyer has decided to waive their fees which is good but I don’t know about your situation but finding out you’ll have to spend around 3k with 6 days notice is a major financial thing for us. The stuff new would cost just under 10k, 2nd hand around 4k though this is why we offered 11k over the asking price.

Your opening post said that new item would be £4,000 now you are saying second hand items would be £4,000 which is different from the £1,000 you offered the vendors for the said items.

k3lvc

jjgdoc said:

Were not pulling out. Our lawyer has decided to waive their fees which is good but I don’t know about your situation but finding out you’ll have to spend around 3k with 6 days notice is a major financial thing for us. The stuff new would cost just under 10k, 2nd hand around 4k though this is why we offered 11k over the asking price.

But now you're just making numbers up

It started as 'New value £4k, offered £1k as part of £11k increase in offer' and has now become 'Have to spend £3k for stuff that's £10k new and 2nd hand £4k'

No-one has to spend £3k on a 2nd hand sofa, TV and garden furniture

If the lawyer is waiving their fees then you've got some cash to play with

deannagone

But do you know those items won't be there? I'd be getting the solicitor (?not a lawyer - unless its different in Scotland)
to phone the venders solicitor to find out what is being left.  This is the first thing I'd have done lol.  Somehow everyone seems to be assuming nothing will be left.  I assume the final documents have still not been signed as per earlier in the thread?  If so, still room for negotiation.

Then you'll know where you stand.  From my understanding, right now, you don't.

[Deleted User]

The Scottish Standard Clauses includes a section on 

FIXTURES, FITTINGS & CONTENTS
1.1 The Property is sold with:
1.1.1 all heritable fittings and fixtures;
1
1.1.2  all items of whatever nature fixed or fitted to the Property the removal of which would materially damage the fabric or decoration of the Property;

Heritable fixtures and fixtures are items of a moveable character that have become “heritable” by attachment to the Property and have therefore become part of it.

Is some of what you wanted to buy from the vendor considered fixed or heritable?

user1977

It sounds like the only mistake is the OP's solicitor telling them somewhat late what the qualified acceptance said - they could have been in exactly the same position a few weeks ago. And if missives haven't been concluded then it's all still up for negotiation. Or for all we know, something else might throw a spanner in the works yet. There's not yet any loss to calculate.

deannagone said:

the solicitor (?not a lawyer - unless its different in Scotland)

A solicitor is a type of lawyer (same as in the rest of the UK). "Lawyer" is the general term for any legal practitioner, so not wrong to refer them as a lawyer.

sheramber

In Scotland, when I have sold and the buyer wanted items to be left it was never included in the sale offer . It was a private agreement between us and them and payment was made directly, not through the lawyer.

You should get a list of fixtures and fittings to check  such as washing machine, tumble drier, fridge etc.

Although your offer has been accepted it is not binding   until missives are concluded. Until then the seller could back out , or you could back out.