Seller asking for more money post-exchange for light fittings

runfaraway

I'm about to complete and the seller has texted to say they want £250 for the (admittedly quite fancy) light fittings in most rooms or they'll remove them and replace with bare bulbs when they leave. They say their legal advice is that they're within their right to do this as they never specified what they meant by "included" when they ticked that light fittings and fixtures were included on the TA10, so legally they only need to leave bare bulbs.

According to them my solicitor has known about this for some time, and my solicitor is being cagey about when he found out, however the seller has forwarded me the email they sent their solicitor the day after exchange raising that they would now like to charge for the light fittings and coming back a day later with photos of the fittings. The thread also includes their solicitor telling them this should normally be raised before exchange but they would check with my solicitor and see what he says, so I know my solicitor wasn't informed before exchange at least. I thought since they marked light fittings included they would need to leave the fittings that were in place at exchange or this would be a breach of contract, but they're adamant that's not right.

So 2 questions:

• Firstly, which of us is right about the legal side? 
• Secondly if they'd be in breach of contract replacing the fittings with bulbs, do you think it's actually worth refusing to pay and comitting to pursuing it vs just paying the £250 for a quiet life?

My solicitor says if it was him he would definitely argue it and refuse to pay as every penny counts nowadays, but best of luck to me in finding and paying a solicitor to pursue it since he doesn't do that sort of litigation . My concerns are more like they'll make a hash of removing the fittings and leave a mess behind if I don't pay and it'll cost more to claim back than the compensation I'd get in small claims vs if I don't say no and draw a firm line about the contract then other things that were marked included on the TA10 will have gone missing or be downgraded when I move in because they think I won't be bothered by it. 

What do you think? Should I pay up, resist but ultimately accept it if they go ahead and swap out for bare bulbs, or dig my heels in and gear up for small claims court?

Mojisola

How much would it cost to replace all the fittings they are going to take?

SavingPennies_2

If this hadn't cropped up, would you have kept the fittings longer term or would be be decorating and putting your own up (at some point) anyway?

user1977

Anything "included" means what was there when you viewed (or at least at exchange), otherwise everybody could pull that trick and e.g. swap the nice carpets for threadbare ones, swap the top-end kitchen appliances for bottom-of-the-range ones, etc.

Up to you whether it's worth fighting about though. Not sure if you can threaten not to complete if you know the included items aren't still there?

canaldumidi

It seems sligtly unclear whether the seller's solicitor formally informed your solicitor about this or not in advance of Excange, but I suspect not.

the seller has forwarded me the email they sent their solicitor the day after exchange

Exchange is when the contract is fixed. Anything raised after that would be a variation to the contract needing mutual consent.

If the sellers ticked "they marked light fittings included " on the Property Information Form, then clearly that applied to whatever was currently in place. To remove /replace them would in my view constitute a breach.

Your options are

* pay the £250 for a quiet life if you realy want the existing fittings and think they are worth £250

* refuse to pay and let them take them. Then eitherlive with whatever they leave or buy new fittings

* insist the leave the fittings, and be prepared for a legal battle if they don't. For £250 this would cost you £70 to start a Small Claims Track court process. No need for a solicitor. Just sue them. Will take time and be stressful and whilst no guarantee of winning I think your would.....

comeandgo

What would I do?  Tell them to take them.  I don’t think I could be bothered with a fight over what would be a very very small percentage of a house purchase.  It will give them some extra work to dismantle the fittings.

pinkshoes

I would tell them that as contracts have been exchanged and this was raised AFTER exchange, then you are expecting the house to contain the same light fittings that were present at viewing(s) and at exchange, and therefore you are declining their additional charge of £250, and look forward to receiving the house in the condition as it was at exchange.

It might also be worth pointing out that if they do take them, you would be quite entitled to bill them for replacements and the cost of having them fitted... (although they might leave a huge turd in the toilet or worse if you say this! perhaps wait and see what happens!)

silvercar

I would reply that they have to leave them as they were present at exchange and included on previous paperwork. After that, I wouldn't say anything. Wait and see what they do. If they want to risk spending on replacement rose and cables (they certainly can't leave bare wires) before you've answered then they can do so.

thegreenone

Extremely frustrating.  As far as I am aware, they are wrong.

Another option would be to say they can take them but they must pay for an electrician to certify that what they have replaced is safe and legal.

Do you like them?  Have you googled the fittings to see if they are worth that?  Maybe that's a step too far.

nicknameless

No advice really - just dumbfounding how some people act and feel it is reasonable to act.

Personally I would refuse and say I expected the house as it was at exchange.

user1977

Apart from anything else, do you trust them? They've effectively already told you they're willing to breach the contract - why wouldn't they just pocket the £250 and breach the contract anyway (whether in relation to the light fittings or something else)?