Lawyer has made error in our offer

Marvel1

jjgdoc said:

Tiddleshalifax said:

I would chalk it off to experience tbh. As has pointed out, you haven’t lost anything other than the 1k you offered extra. The furniture would not have been worth the original price unless air loom in which case it would be taken surely

Again it has nothing to do with the 1k we instructed the lawyer to offer an extra 1k when the sellers came back after the first offer. 

As I said we instructed the lawyer to include these items, she has only told us 2 months later that these items are not on the written acceptance. Surely we should’ve been told this days later not months? 

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.

thanks 

Buy it second hand and it won't be £4K?

AdrianC

jjgdoc said:

me and my partner are first time buyers and have had to put down 29k on this property

Irrelevant. You are buying the house, and that's simply the part of the purchase price you aren't borrowing.

You are now negotiating on the side of that purchase over some fripperies that would not normally be included in a house sale.

so no it’s not just some “2nd hand furniture” to us.

That's EXACTLY what you're arguing about here.

it’s electrical items That have been fitted into false walls

You have been asked several times what you would do if they failed shortly after moving in...

And...?

a couch and garden furniture That we now don’t have the money to cover.

Garden furniture can wait.

You have a sofa and TV at your old home? They'll do as a stopgap.

jjgdoc said:

No point in having your dream house and eating your dinner on the floor is there?

You eat your dinner off a wall-mounted TV?

Don't you already have a table and chairs at your old home? Or bed, since you're talking about sleeping on the floor?

Go to IKEA, and you can get a dining table and four chairs for £99. Another £80 for a sofa. £40 for a double bed frame and £75 for a double mattress. Garden table and two chairs, £35. Sure, they may not be what you actually want long-term, but they'll do as a stop-gap.
Job jobbed, less than £350 spent.

letsbetfair

If your solicitor waived their fees, that seems like a decent outcome. There will be a formal complaints procedure if you want to escalate, but personally I wouldn't.

I've found secondhand prices for furniture very variable - things selling for anything from 10% or 80% of new price. Hopefully you can get stuff that fits well for a good price, or get something cheap but functional while you save up for nicer stuff...

If some of the furniture is TVs, it's a decent time to buy now - the last of last year's models are being sold off, so there are some good deals on nice screens.

user1977

sheramber said:

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.

I would say it was more normal to put in the contract, otherwise what remedy does either party have if the other doesn't do whatever is informally expected of them?

purplebutterfly

How can you sign a contract without seeing any sort of fixtures and fittings form?
 
I can't believe that there is nothing like that in Scotland.  Otherwise, how do you know the seller won't rip out every plug socket and lightbulb before you move in?  

I agree that it is a problem if you don't have the money for new furniture, so I am not going to say "just suck it up and move on".  What I can't get my head around is how you haven't seen any documents relating to the property until 1 week before you move in? 

GixerKate

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?

Actually yes I did, I got the house and then saved up for furniture.  In actual fact I moved into my dream house 9 months ago and my current sofa was second hand from facebook for £60 as we are saving up for a decent set.

user1977

purplebutterfly said:

How can you sign a contract without seeing any sort of fixtures and fittings form?
 
I can't believe that there is nothing like that in Scotland.  Otherwise, how do you know the seller won't rip out every plug socket and lightbulb before you move in?  

The fixtures, fittings and any other included items are specified in the relevant clause in the missives (i.e. the original offer on behalf of the buyer and the subsequent formal letters between the solicitors which constitute the contract) - the clients should see those, but there isn't a separate form.

purplebutterfly

user1977 said:

purplebutterfly said:

How can you sign a contract without seeing any sort of fixtures and fittings form?
 
I can't believe that there is nothing like that in Scotland.  Otherwise, how do you know the seller won't rip out every plug socket and lightbulb before you move in?  

The fixtures, fittings and any other included items are specified in the relevant clause in the missives (i.e. the original offer on behalf of the buyer and the subsequent formal letters between the solicitors which constitute the contract) - the clients should see those, but there isn't a separate form.

thanks for clarifying @user1977     I still can't understand why the OP hasn't seen any of these documents though?   

gettingtheresometime

As a total side issue you may want to rethink the whole false wall thing when you move in....looks good now but a right royal pita I would imagine when the items need replacing and you can't find one to fit the gap because manufacturers have altered sizes etc

Section62

letsbetfair said:

If your solicitor waived their fees, that seems like a decent outcome.

I'd say it was an exceptionally good outcome - given that it isn't yet clear that the OP will suffer a financial loss or delay from whatever has happened in this case.

...in fact it would make me suspicious enough to wonder what other surprises might be coming along later.