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Selling changed items after completion

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  • GDB2222
    GDB2222 Posts: 26,182 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 January 2023 at 5:26PM
    I think the standard TA forms are not really fit for purpose. 

    In this case, does the TA10 refer to radiators In general, the radiators at the time of viewing, those in the agent’s particulars, or the radiators at the point of exchange? 

    I guess that most people are straightforward, and it’s not been a common occurrence for people to replace the radiators. My sympathy is with the OP, of course. But, in future, with people installing increasingly expensive designer products, the forms may have to be far more specific.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • mi-key
    mi-key Posts: 1,580 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I guess it is why the seller didn't give more information on the form ! They should have made it clear that such a major feature of the house wouldn't be included though, so at worse it is quite sneaky of them. 
  • Tiglet2
    Tiglet2 Posts: 2,662 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    The standard TA forms are completed and signed as part of the initial draft contract pack, in other words they are supplied at the start of the process.  The form does state that the seller should advise his solicitor of any change to the supplied information during the conveyancing process.

    The questions on the TA6 form relating to the central heating are:

    12.3 Does the property have a central heating system?

    If Yes:
    (a) What type of system is it (e.g. mains gas, liquid gas, oil, electricity, etc.)?
    (b) When was the heating system installed? If on or after 1 April 2005 please supply a copy of the ‘completion certificate’ (e.g. CORGI or Gas Safe Register) or the ‘exceptional circumstances’ form.
    (c) Is the heating system in good working order?
    (d) In what year was the heating system last serviced/ maintained? Please supply a copy of the inspection report

    So, the seller hasn't actually lied on the form, since the form doesn't cover removal of expensive radiators and replacement with ordinary ones.

    It was bad form of the sellers though to not think to mention that the radiators were not being included in the sale and that replacement radiators would be installed prior to completion.

    As another poster said above, it is a good idea to insist on a further viewing just prior to exchange and, also, possibly after exchange, to confirm that everything is as it should be.
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    i am guessing the fact that the fixtures form actually states radiators, when it needn't have done that, would imply that those seen by the OP, which were expensive, were to be included in the sale.

    OP - why don't you go back to your conveyancer and ask them if you would have legal stand to claim against the vendor?  you should go back to the estate agent also and raise the issue so that the vendors can reply to your question of why did they state radiator on the fixtures form especially as it misled you into thinking that the designer radiators were included, and see what the vendor's response is, as you should flag it up as an issue, even if you don't take any action.
  • GDB2222
    GDB2222 Posts: 26,182 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    AskAsk said:
    i am guessing the fact that the fixtures form actually states radiators, when it needn't have done that, would imply that those seen by the OP, which were expensive, were to be included in the sale.

    OP - why don't you go back to your conveyancer and ask them if you would have legal stand to claim against the vendor?  you should go back to the estate agent also and raise the issue so that the vendors can reply to your question of why did they state radiator on the fixtures form especially as it misled you into thinking that the designer radiators were included, and see what the vendor's response is, as you should flag it up as an issue, even if you don't take any action.
    To be clear, the standard TA10 form has boxes to tick to indicate whether radiators/wall heaters are included in the sale or excluded.

    It also says The aim of this form is to make clear to the buyer which items are included in the sale.  

    No reliance should be placed on the above! Absolutely none, do you hear?
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