Seller asking for more money post-exchange for light fittings

YBR

You have another option, which is to offer a different amount.

I would point out that 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. 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. Then say you are, however, prepared to offer, say, £50, or whatever you think it's worth.

That way you're not rolling over, but you reduce the risk of them leaving the lights unsafe or "a huge turd in the toilet or worse".

runfaraway

Thanks for the responses, all.

 For what it's worth I wouldn't have changed the light fittings until they broke and having nice interiors in general that needed no work was a factor in my offer.

 Not sure how much it would cost to replace them with something equivalent though. It's 5 ceiling light fittings with 2 that have unusual/oversized size bases, so I would probably need to commit to replacing them immediately if removed as I imagine they will leave some unsightly marks and screw holes.

 The seller is asking for 75% of what it costs to buy each fitting new today. They say this is a good deal because they were more expensive when they bought them 2yrs ago, and they had them installed professionally which would cost me a lot to do. They're probably right about the installation. I've done a lot of DIY in my time, but I wouldn't be confident wiring something into the mains on my own unless it's just a case of plugging a couple of connectors into each other.

Good to know that contractually I've got the right end of the stick, anyways.

Doozergirl

runfaraway said:

Thanks for the responses, all.

 For what it's worth I wouldn't have changed the light fittings until they broke and having nice interiors in general that needed no work was a factor in my offer.

 Not sure how much it would cost to replace them with something equivalent though. It's 5 ceiling light fittings with 2 that have unusual/oversized size bases, so I would probably need to commit to replacing them immediately if removed as I imagine they will leave some unsightly marks and screw holes.

 The seller is asking for 75% of what it costs to buy each fitting new today. They say this is a good deal because they were more expensive when they bought them 2yrs ago, and they had them installed professionally which would cost me a lot to do. They're probably right about the installation. I've done a lot of DIY in my time, but I wouldn't be confident wiring something into the mains on my own unless it's just a case of plugging a couple of connectors into each other.

Good to know that contractually I've got the right end of the stick, anyways.

There shouldn't be unsightly screw holes etc.  because they are obliged to make properly good if they are removing anything! 

They're breaching by removing fittings if they are ticked as included.  They're further breaching by leaving a mess. 

I'd be pushing back.  They said they were included before exchange and no one, their own solicitor included, was told any different until after legally binding contracts were exchanged. 

Tell your solicitor to read them the riot act. 

If they do take them, I don't think it would be that difficult to issue a small
claim against them yourself.  

General_Grant

And it sounds as though they have thoughtfully provided photographic evidence of what was included at the point of sale.

NameUnavailable

I agree, push back, explain that this was not raised until after exchange of contracts so is a change to the terms of the agreed sale. I would also speak to the EA, tell them how unhappy you are and you're seeking legal advice as this is a breach of the contract (the EA might step in to make their client see sense).

eddddy

NameUnavailable said:

I agree, push back, explain that this was not raised until after exchange of contracts so is a change to the terms of the agreed sale. I would also speak to the EA, tell them how unhappy you are and you're seeking legal advice as this is a breach of the contract (the EA might step in to make their client see sense).

I guess it's worth asking the estate agent, they might get involved as a favour.

But the estate agent's job typically finishes at exchange of contracts - because that's when their commission becomes payable (although they get the money on completion).

So most estate agents will 'walk away' from any problems after exchange of contracts.

runfaraway

Doozergirl said:

Tell your solicitor to read them the riot act. 

I didn't quite do this, but it seems like he must've done that anyway as they've now texted to say they'll be leaving the light fittings and my solicitor has been in touch to say their solicitor has come back confirming the same. It does sound from their text like they were just genuinely confused about what included on the TA10 form meant.

Thanks for all the advice, everyone. Hopefully all will go well on Mon and no huge turds will turn out to be included as well! 

sidneyvic

You don't need a solicitor to make a claim against them.My mate had a similar situation with seller taking the P and refusing to make recompense. Moneyclaim Online did the trick,they paid immediately including costs.
Costs next to nothing and if you lose they cant claim costs. You have it in writing they were leaving them and now taking them via the solicitors correspondence. They wont have a leg to stand on. Believe or not judges are real people and despise these sorts just like the rest of us.

Just tell them no, it should have been raised before exchange and not included on TA form and if they are removed you will be taking them to court.
I mean how much is it going to cost for these muppets to change them over.
Personally I would be round there like a shot telling them what I think of them.

TheJP

This sounds like a classic case of, darn it we should have sold the light fixings that we were never going to take with us. Lets try our luck, if you said no i guarantee those fixings would still be there come completion day.

Zerforax

I'd probably just say no thanks to their offer and say you expected them to be included as was there at the time of exchange.

If they are petty, they will remove. If they are too busy with packing up their house and realise they have no use for the fixtures at another house, they might just leave anyway as too much hassle.