Large errors on Seller's forms plus negotiations on fixtures and fittings.

hdh74

We've got the paperwork through from the people we are buying a bungalow from but don't have much confidence in the forms.

Flugelhorn

I would not worry about F&F at this stage, need to get the other bits sorted, good solicitors should should not the gaps and go chasing - you can list the gaps you have noted in your message to them. 

It sounds like they have just ticked that they will take everything and know nothing - does happen

eddddy

As you say, the quickest way of dealing with this would be to have a discussion with the seller first - and see if they'll agree to re-do the forms and send them to their solicitor.

And then tell your solicitor that you've had that discussion, and that they should receive the new forms shortly.

That will be much quicker than going backwards and forwards via solicitors - as long as a 'face-to-face' discussion doesn't escalate into an argument, or cause bad feelings.


Alternative approaches might be:

• Ask the estate agent to have a chat with them, to explain that they need to do the forms properly
• Do it formally via solicitors - but as I say, that's likely to have a longer turn around time

user1977

There's no real need for you to get them to correct the answers which you know are wrong from your other due diligence. I would worry more about the questions where you might actually be relying on their replies.

Tiglet2

Are you obtaining searches?  If so, it will be interesting to see if any of the works have been certified by planning, building regulations, FENSA, NICEIC etc which would be revealed by the local search.  If the searches show that works have been done, your solicitor will ask for the certificates and paperwork.  If nothing is revealed, then perhaps the work was done by the owners themselves or a friend.  It doesn't mean the work is not up to standard of course, but you could probably insist on the sellers providing you with a building regulations indemnity policy at their cost.

Your solicitor will ask for a recent water bill for the property in any case.  This is not to have a nose at the water charges, but to check that water is connected to the mains rather than a private system.

People sometimes don't put all the facts on the forms, but usually it is contradicted by the searches and or the sales particulars and if this is the case, your solicitor will make enquiries in this regard, as they check all the paperwork to look for discrepancies.

In terms of the fixtures and fittings, such as the curtains/blinds, it is a good idea to ask the vendor if they are intending to leave anything?  If they had wanted to put a price on various items, they could have done that on the fixtures and contents form.  Make sure you have a good look at the curtains/blinds when you view, chances are they will be left in situ without a charge.

TripleH

For our last aborted purchase, when we received the form, it was half filled in and missed a lot of information off. It also looked to be a photocopy of an earlier form from a previous aborted sale by the vendor (copy of a copy).

It didn't give us confidence as unless previous buyers weren't doing due diligence, they'd most likely ask the same questions we were going to ask.

I don't think the sellers wanted to get bogged down with questions as the husband was hard to get hold of and the wife presented a 'I don't know these things, ask my husband' image.

TripleH

Being nosey, I checked today and it appears they've had their 4th sale in 2 years fall through on that property.

I think he wants to move, she doesn't but they're not communicating.

hdh74

..... the wife presented a 'I don't know these things, ask my husband' image.

Women Huh? You gotta love 'em.

Ahem. That's the line my dear hubby uses while I'm googling away and getting advice on MSE. 

Thanks for all the great advice. Very helpful.

Zerforax

Flugelhorn said:

I would not worry about F&F at this stage, need to get the other bits sorted, good solicitors should should not the gaps and go chasing - you can list the gaps you have noted in your message to them. 

It sounds like they have just ticked that they will take everything and know nothing - does happen

Disagree with this. The F&F form is easily forgotten and then causes a lot of issues later.

The solicitors don't care about the F&F form so long as it's been signed and (theoretically) agreed. The content of the form itself is meaningless to the solicitors and not worth their time to get involved.

jonnydeppiwish!

hdh74 said:

We've got the paperwork through from the people we are buying a bungalow from but don't have much confidence in the forms.
eg. They haven't ticked that there is any sewage or foul water drainage, neither mains nor septic tank and have put n/a for sewerage provider - but the property has flushing toilets etc and I had assumed normal mains drains (built in the 60s on a small estate so highly likely).
They say there is no conservatory but don't mention the 'orangery'
They say there's been no windows replaced when they told us they did the loft conversion a few years ago - which has roof windows.
They don't mention the garage conversion - it has been connected to the house by an annexe and repurposed.
They say no electrical work has been done in recent years but the new annex appears to have been wired up since then.
They appear to be excluding all the fixtures they can - and I doubt they will be able to reuse them all, so I'm guessing they may want to sell them to us. We have an appointment to check things and measure up. So I'll ask then.
So, I'm assuming I need to mention all the errors to my solicitor but I'm wondering if I should try and iron some things out with the vendors first with regards to the discrepancies. Also, if the vendor does want to sell us things like curtain poles, orangery blinds etc, should I ask the solicitor to add that to the forms too?

Is it probate? The people filling the form in may not actually know

NameUnavailable

hdh74 said:

We've got the paperwork through from the people we are buying a bungalow from but don't have much confidence in the forms.
eg. They haven't ticked that there is any sewage or foul water drainage, neither mains nor septic tank and have put n/a for sewerage provider - but the property has flushing toilets etc and I had assumed normal mains drains (built in the 60s on a small estate so highly likely). Maybe everything exits a pipe out into the garden! Did you have a survey if so what did that say? Obviously you want to check and ensure it is mains drainage.
They say there is no conservatory but don't mention the 'orangery' - So they don't consider it a conservatory
They say there's been no windows replaced when they told us they did the loft conversion a few years ago - which has roof windows. They fitted windows rather than replaced them?
They don't mention the garage conversion - it has been connected to the house by an annexe and repurposed. What did the survey say?
They say no electrical work has been done in recent years but the new annex appears to have been wired up since then. So you think they have had some work done, if in doubt have an electrician check it.
They appear to be excluding all the fixtures they can - and I doubt they will be able to reuse them all, so I'm guessing they may want to sell them to us. We have an appointment to check things and measure up. So I'll ask then. Ignore this unless there's stuff you REALLY want them to leave. Sellers often leave stuff when they come to move and realise that they don't have time to remove/make good, or don't have any need for it and don't want the hassle of moving/storing it.
So, I'm assuming I need to mention all the errors to my solicitor but I'm wondering if I should try and iron some things out with the vendors first with regards to the discrepancies. Also, if the vendor does want to sell us things like curtain poles, orangery blinds etc, should I ask the solicitor to add that to the forms too? Ask the vendor and if you do agree to buy anything make sure the solicitor notes it in the contract so you have recourse if you move in and find it's not there.

Seems much of it is down to interpretation or misunderstanding but you are right to clarify it all to ensure no surprises later on.