Seller breach of contract - Fixtures and Fittings

eidand

Forget it and enjoy your new house mate. it really isn't worth the hassle.

Doozergirl

What's the value of a second hand Neff oven?    As long as you're happy with that sort of money and aren't expecting new Neff ovens, go for it.  

pinkshoes

I would work out the cost of a second hand Neff oven (plus fitting costs) and ask them to collect the cheap oven they put in.

I would give them 28 days to pay this amount otherwise you will take them to court for the amount claimed for the oven plus also the greenhouse that was listed that they didn't leave. 

I bet they took the greenhouse with them too and claimed it was broken. It's what the sort of person who would take a second hand fitted oven with them would do!

TheJP

Unless the listing and F&F clearly stated Neff ovens then you'll have a hard time winning this. If the listing and F&F referenced oven included then they have included oven. When making offers and completing the F&F it needs to be clear what you want left as a condition of sale.

Section62

FTB2021HELP said:

The sellers also listed a greenhouse on the fixtures and fittings list which was not left. Apparently this got damaged in a storm so they removed it. However they left their kitchen bins in the garden for us to dispose of so I do not believe their explanation and think this example may help our case. 

What's the connection between the kitchen bins and the greenhouse?  On the face of it the bins aren't evidence of anything relating to the fate of the greenhouse (or the ovens).  If you go down a 'legal' route it is important not to confuse things by introducing irrelevant issues - leaving bins behind might indicate the nature of the people involved, but it doesn't prove anything, and a court would probably ignore it unless it formed part of a claim (e.g. for disposal costs).

What kind of greenhouse was it, and how old?  People find it troublesome to get rid of old greenhouses on sites like Freecycle - scrappers will take aluminium ones but leave the glass behind - so unless it was relatively new and ornate the value will be trivial.

Sistergold

If I were you I would just take it that the ovens were replaced because they were no “longer safe”. Also take it that green house was indeed “damaged” by the storm. It will save you all the stress and time wasting if you just take all this at face value. Most sellers don’t really take fitted ovens and greenhouses away as it’s a hustle. If they did then well still best move on from this! Finding their address small claims court, sounds like a waste of time for second hand stuff. 🤷‍♀️ The cheap ovens are working so? Later replace them with Neff ones if you want? 

SuseOrm

I am taking someone to the small claims court for wages that they didn’t pay to me which is illegal,  my rock solid case is still not in front of a judge 18 months later that’s how long the backlog is are you actually going to give this headspace for a year and a half minimum ? 

pinkshoes

TheJP said:

Unless the listing and F&F clearly stated Neff ovens then you'll have a hard time winning this. If the listing and F&F referenced oven included then they have included oven. When making offers and completing the F&F it needs to be clear what you want left as a condition of sale.

I disagree with this. It is FITTED oven rather than a stand alone one, so if there was a NEFF oven in the EA's photos, and a NEFF oven when the OP looked around, then that is what should still be there, and the seller should have stated in writing if that wasn't going to be the case. Who on earth takes a FITTED oven with them?!?!?

Ditto for the green house. If it got damaged mysteriously between exchange and completion, then the first thing you would do is notify the vendor and ask what they wanted to do. How damaged can it possibly get??? And I'm assuming the vendor then took a photo of said damage before removing the entire green house?!

I think the OP is quite right to be annoyed, as I certainly would be. 

(I'm not a gambling person but I bet the green house is now in their new garden!)

googler

TheJP said:

Unless the listing and F&F clearly stated Neff ovens then you'll have a hard time winning this. If the listing and F&F referenced oven included then they have included oven. When making offers and completing the F&F it needs to be clear what you want left as a condition of sale.

Standard clauses in Scotland are typically clear on this; 

"The Property is sold with:  (snip)

1.1.3 all items stated to be included in the sales particulars or advertisements

made available to the Purchaser;

1.1.4 the following insofar as any were in the Property when viewed by the

Purchaser: garden shed or hut, ...  kitchen units; all cookers, hobs, ovens, washing

machines, dishwashers, fridges and freezers if integral to or encased within

matching units; extractor hoods, extractor fans, ..."

OP, what's actually in your contract?  

Soot2006

Right to be annoyed and I would be too, but there is a time to be pragmatic as well.  Fitted neff ovens are between £30 and £200 on Marketplace depending on the model. OK, then it needs fitting, so £45 to a local electrician ... Peace of mind can be more valuable, but of course if the OP can't think about anything else, then by all means join the claims queue.