Seller breach of contract - Fixtures and Fittings

Section62

steampowered said:

The fact that the defendant replaced the ovens with cheaper ovens before moving clearly shows they knew what they were doing, so this sounds like an easy case - if you can start the court process.

Just adding a +1 to the point that everything hinges on what was agreed between the vendors and the Op.

In legal matters like this it is quite rare to have an "easy case".  Whether or not the vendors "knew what they were doing" is irrelevant to the claim.

Semple

[Deleted User] said:

Your solicitor is best placed to advise if you can take them to SCC and have a reasonable chance of winning.

If it doesn't specify the brand on the contract you might have a hard time arguing it. As for the greenhouse, they should have informed you and replaced it, so your odds are a bit better there.

I'd agree with this. If the fixtures & fittings list just states built in oven, then that's exactly what you've got. How do you know that they didn't malfunction, and the seller has replaced them as per the fixtures and fittings listing.

I'm sure you didn't purchase the house based on the branding of the built-in ovens.

BikingBud

Semple said:

[Deleted User] said:

Your solicitor is best placed to advise if you can take them to SCC and have a reasonable chance of winning.

If it doesn't specify the brand on the contract you might have a hard time arguing it. As for the greenhouse, they should have informed you and replaced it, so your odds are a bit better there.

I'd agree with this. If the fixtures & fittings list just states built in oven, then that's exactly what you've got. How do you know that they didn't malfunction, and the seller has replaced them as per the fixtures and fittings listing.

I'm sure you didn't purchase the house based on the branding of the built-in ovens.

So if they expected a 3 piece bathroom suite but found the vendors had removed the yellow coloured metal bath and replaced it with an avocado suite, what then?

What if the vendor had removed the Neff ovens and replaced them with second hand cheap and nasty items bought on the internet, that were inoperative?

Yet another element of house buying turns into a mockery

GDB2222

lincroft1710 said:

steampowered said:

Personally I'd be tempted to go ahead and serve small claims proceedings on the defendant, c/o their solicitor's address. .

Would a court accept that as correct service?

What is the value of secondhand Neff ovens of which only the vendor would be aware of their age and condition? What would be the value difference between these and the virtually new ovens provided, because this is all the vendor can claim for.  

The vendors would only receive a CCJ if they failed to pay the amount awarded by the court and not everyone needs or wants credit.

Service is covered very extensively by part 6 of the Civil Procedure Rules, so there’s no point speculating.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

[Deleted User]

The greenhouse is fairly cut and dry, the contract says it comes with the house and it's not there.

The ovens are less clear cut because of the greenhouse SCC is almost certainly a partial win. Chances are they will just offer cash to settle before it gets that far.

Semple

BikingBud said:

Semple said:

[Deleted User] said:

Your solicitor is best placed to advise if you can take them to SCC and have a reasonable chance of winning.

If it doesn't specify the brand on the contract you might have a hard time arguing it. As for the greenhouse, they should have informed you and replaced it, so your odds are a bit better there.

I'd agree with this. If the fixtures & fittings list just states built in oven, then that's exactly what you've got. How do you know that they didn't malfunction, and the seller has replaced them as per the fixtures and fittings listing.

I'm sure you didn't purchase the house based on the branding of the built-in ovens.

So if they expected a 3 piece bathroom suite but found the vendors had removed the yellow coloured metal bath and replaced it with an avocado suite, what then?

What if the vendor had removed the Neff ovens and replaced them with second hand cheap and nasty items bought on the internet, that were inoperative?

Yet another element of house buying turns into a mockery

Unless as part of your pre purchase checks you had the oven tested to ensure working, then caveat emptor.

How is your example any different to buying a house where the boiler conks out a week after moving in, and you didn't have it checked out pre purchase?

Noneforit999

This sounds more trouble than its worth for the sake of a couple of ovens.

Its worth a go if you want the stress of lodging claims via the small claims court but if it were me

1) My time would be more valuable than the stress of filling out claim forms and attending hearings. When I look at things like this, I balance my time against what I would get out of it financially and see which one wins. If its an hours work for £500, its worth a punt but if its several hours, plus driving to and attending a hearing etc etc for £500......not a chance.
2) You might lose the claim. From what you have said, you will likely win but the risk is there.

What they have done is cheeky and I wouldn't dream of doing it myself, I have morals for the most part but ultimately its done and I would chip it up to a lesson learned, more on and enjoy my new house.

lincroft1710

GDB2222 said:

lincroft1710 said:

steampowered said:

Personally I'd be tempted to go ahead and serve small claims proceedings on the defendant, c/o their solicitor's address. .

Would a court accept that as correct service?

What is the value of secondhand Neff ovens of which only the vendor would be aware of their age and condition? What would be the value difference between these and the virtually new ovens provided, because this is all the vendor can claim for.  

The vendors would only receive a CCJ if they failed to pay the amount awarded by the court and not everyone needs or wants credit.

Service is covered very extensively by part 6 of the Civil Procedure Rules, so there’s no point speculating.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Rather than me try and navigate my aged and sometimes confused brain around that lengthy (but interesting) piece of legislation, could you just point to the relevant part concerning service on the defendant's solicitor.

user1977

lincroft1710 said:

GDB2222 said:

lincroft1710 said:

steampowered said:

Personally I'd be tempted to go ahead and serve small claims proceedings on the defendant, c/o their solicitor's address. .

Would a court accept that as correct service?

What is the value of secondhand Neff ovens of which only the vendor would be aware of their age and condition? What would be the value difference between these and the virtually new ovens provided, because this is all the vendor can claim for.  

The vendors would only receive a CCJ if they failed to pay the amount awarded by the court and not everyone needs or wants credit.

Service is covered very extensively by part 6 of the Civil Procedure Rules, so there’s no point speculating.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Rather than me try and navigate my aged and sometimes confused brain around that lengthy (but interesting) piece of legislation, could you just point to the relevant part concerning service on the defendant's solicitor.

I think the short answer is that no you can't serve it on their solicitor, unless that's already been agreed by the defendant (or the court specifically authorises it).

brasso

Noneforit999 said:

This sounds more trouble than its worth for the sake of a couple of ovens.

Its worth a go if you want the stress of lodging claims via the small claims court but if it were me

1) My time would be more valuable than the stress of filling out claim forms and attending hearings. When I look at things like this, I balance my time against what I would get out of it financially and see which one wins. If its an hours work for £500, its worth a punt but if its several hours, plus driving to and attending a hearing etc etc for £500......not a chance.
2) You might lose the claim. From what you have said, you will likely win but the risk is there.

What they have done is cheeky and I wouldn't dream of doing it myself, I have morals for the most part but ultimately its done and I would chip it up to a lesson learned, more on and enjoy my new house.

That’s my attitude. Apart from the slim pickings on offer if (big if) the OP wins, there’s all the emotional stress to factor in. I’ve had this experience, as have most people here, I suspect. We get incredibly absorbed in an issue that, in the cold light of day, is pointless. Instead of burning up countless hours and days on composing letters and making submissions, and feeding that great sense of burning injustice, simply put it down to experience, and move on. Feel pleased that this discussion has probably alerted many people here to the importance of nailing down the details when buying and selling.