Memorandum of Sale

propertyrental

Forget about blaming the EA. Waste of time.
Forget about what may or may not have been said and by whom when the sale was agreed - irrelevant now.

You can now either

* simply refer the buyer via solicitors to the F&F form which you completed and which they have a copy of
* inform your solicitor you are willing to leave the washing machine, dishwasher, shutters and blinds etc in the interest of getting to Exchange, and instruct him to amend the F&F for appropriately
* inform your solicitor you are leaving the shutters and blinds as per the F&F form, and that the washing machine & dishwasher can be purchased for £X else they will be removed.
* withdraw the shutters and blinds from the sale as well as the  washing machine & dishwasher. Expect your sale to be delayed or cancelled

Willis75

propertyrental said:

Forget about blaming the EA. Waste of time.
Forget about what may or may not have been said and by whom when the sale was agreed - irrelevant now.

You can now either

* simply refer the buyer via solicitors to the F&F form which you completed and which they have a copy of
* inform your solicitor you are willing to leave the washing machine, dishwasher, shutters and blinds etc in the interest of getting to Exchange, and instruct him to amend the F&F for appropriately
* inform your solicitor you are leaving the shutters and blinds as per the F&F form, and that the washing machine & dishwasher can be purchased for £X else they will be removed.
* withdraw the shutters and blinds from the sale as well as the  washing machine & dishwasher. Expect your sale to be delayed or cancelled

Are you an estate agent? You seem to be on side of the EA.

I can do all, any or none of those things you suggest but I am paying the EA handsomely and therefore he should perform his job with care and due diligence. Clearly he has not if what the buyers claim and the law decrees.

CSI_Yorkshire

Willis75 said:

propertyrental said:

Forget about blaming the EA. Waste of time.
Forget about what may or may not have been said and by whom when the sale was agreed - irrelevant now.

You can now either

* simply refer the buyer via solicitors to the F&F form which you completed and which they have a copy of
* inform your solicitor you are willing to leave the washing machine, dishwasher, shutters and blinds etc in the interest of getting to Exchange, and instruct him to amend the F&F for appropriately
* inform your solicitor you are leaving the shutters and blinds as per the F&F form, and that the washing machine & dishwasher can be purchased for £X else they will be removed.
* withdraw the shutters and blinds from the sale as well as the  washing machine & dishwasher. Expect your sale to be delayed or cancelled

Are you an estate agent? You seem to be on side of the EA.

I can do all, any or none of those things you suggest but I am paying the EA handsomely and therefore he should perform his job with care and due diligence. Clearly he has not if what the buyers claim and the law decrees.

That's harsh.

Maybe the EA hasn't done what they should, but getting stroppy isn't going to solve anything.

You don't want to leave those things, fine, tell your buyer.  If you're willing, tell them at what price.  Nothing is final until exchange of contracts, everything is a negotiation.

Either come to a solution with this buyer or find another one.  How much is it worth to you?  Are we talking £500 to buy new appliances in a £500k sale, or are these something extra special and its £5k of appliances in a £50k house?

hulu72

Willis75 said:

propertyrental said:

Forget about blaming the EA. Waste of time.
Forget about what may or may not have been said and by whom when the sale was agreed - irrelevant now.

You can now either

* simply refer the buyer via solicitors to the F&F form which you completed and which they have a copy of
* inform your solicitor you are willing to leave the washing machine, dishwasher, shutters and blinds etc in the interest of getting to Exchange, and instruct him to amend the F&F for appropriately
* inform your solicitor you are leaving the shutters and blinds as per the F&F form, and that the washing machine & dishwasher can be purchased for £X else they will be removed.
* withdraw the shutters and blinds from the sale as well as the  washing machine & dishwasher. Expect your sale to be delayed or cancelled

Are you an estate agent? You seem to be on side of the EA.

I can do all, any or none of those things you suggest but I am paying the EA handsomely and therefore he should perform his job with care and due diligence. Clearly he has not if what the buyers claim and the law decrees.

If it was explicitly stipulated that was a part of the offer then it should have been on the MoS. Also if it is such an integral part to their offer why has it taken until now for them to highlight it when they will have seen the fixtures and fittings form long ago?

I’m an EA myself and it sounds to me like your buyers are trying to get one over you in the hope you’ll throw them in with it being so close to exchange

eddddy

TBH, it sounds like you're getting a bit overly stressed about this. 

You've been really lucky if this is the biggest 'problem' that has arisen during your sale. Many people hit much bigger problems.

It's unlikely that you'll ever find out for sure who said what and when. People either mis-remember or fib.



You just need to tell the buyers that there's been a misunderstanding, and the white goods weren't included in the sale, but you're happy to sell them for £x, if the buyers are interested.

It's probably best to pass that message via the estate agent in the first instance - it's their job to smooth over problems like this.
 

 

Willis75

eddddy said:

TBH, it sounds like you're getting a bit overly stressed about this. 

You've been really lucky if this is the biggest 'problem' that has arisen during your sale. Many people hit much bigger problems.

It's unlikely that you'll ever find out for sure who said what and when. People either mis-remember or fib.



You just need to tell the buyers that there's been a misunderstanding, and the white goods weren't included in the sale, but you're happy to sell them for £x, if the buyers are interested.

It's probably best to pass that message via the estate agent in the first instance - it's their job to smooth over problems like this.
 

 

Thanks. Not getting stressed just annoyed that EA has not put forward the offer correctly if it included the items the buyer has asked for and it has taken so long for this to be pointed out.

Have left a message for EA to sort on Monday.

TheJP

Willis75 said:

eddddy said:

TBH, it sounds like you're getting a bit overly stressed about this. 

You've been really lucky if this is the biggest 'problem' that has arisen during your sale. Many people hit much bigger problems.

It's unlikely that you'll ever find out for sure who said what and when. People either mis-remember or fib.



You just need to tell the buyers that there's been a misunderstanding, and the white goods weren't included in the sale, but you're happy to sell them for £x, if the buyers are interested.

It's probably best to pass that message via the estate agent in the first instance - it's their job to smooth over problems like this.
 

 

Thanks. Not getting stressed just annoyed that EA has not put forward the offer correctly if it included the items the buyer has asked for and it has taken so long for this to be pointed out.

Have left a message for EA to sort on Monday.

Any updates @willis75?