Selling House - Broken Appliance responsibility

Katapolt

We're hoping to exchange in the next week or so but have come back from a weekend away to find our dishwasher is broken. It's very old as it is, so even if we were staying a replacement wouldn't be high on the priority list. 

As we included it on the fixtures and fittings form (for no charge) where do we stand? 

We have someone coming to look at it tomorrow but if it isn't repairable (or economically it's not sensible) do we *have* to replace it? 

I have contacted our solicitor to ask but as it takes them a while I thought I'd ask here 🙂

Our buyer has been slow and tricky on negotiations so I'm reluctant to just ask them for fear of them taking another few weeks of back and forth.

Just in case it matters, it doesn't by any means look new, we paid £40 second hand a good 5 years ago so it's done well! 

user1977

You don't have to do anything if it's in the same condition at completion as it will be at exchange...maybe leave the buyers £40 (along with a bottle of bubbly) as a post-completion surprise.

saajan_12

Strictly you could leave it, at exchange its broken so as long as it remains so upon completion, strictly you've done nothing wrong. 

Practically, it'll be a question of proof.. if they raise an issue post completion, and take it to court, and if the judge doesn't believe it was already broken, then you could owe the cost of a 2nd hand one. That's lots of 'if's so you could decide its too unlikely.

Or you could try to evidence the fact by letting them know its broken now, saving them having to figure out via inspection. It would be silly for them to renegotiate or pull out for a 2nd hand appliance, but sometimes people do.. Up to you whether you're willing to take that risk / back and forth. 

Katapolt

Thanks both, it would be easy to prove it's already broken as I've got emails to the repair person and they're coming tomorrow so they will be able to back it up, but of course I don't want it to come to that. 

I'll see what they say tomorrow re repairs but if it's not viable at least I know I can just tell the buyer the situation and leave it there. They've already had a few K off so I'd like to think they get on with it. 

Mstty

They may be looking to replace it anyway, might as well be up front about it and dispose of it if that's what they want.

Leaving it in situ, broken and not telling them, is poor imo

TheJP

Just inform the buyers the dishwasher that you are leaving is now broken, they will either;

1. Demand a new one and be outraged by this despicable act
2. Ask you to remove it
3. Pull out of the sale due to this heinous experience of buying a house

Tongue in cheek, just tell them and get on with the sale. Depending if they are seasoned or FTBs will determine how annoyed they will be.

eddddy

Generally, this is the kind of thing that the estate agent should get involved with.

It's part of they job to 'smooth-out' problems like this. They should phone the buyer and explain what's happened - and if the buyer is upset, calm the buyer down, etc.

That's generally better than the buyer finding out through a terse letter from their solicitor.


Assuming you're using an estate agent that gets paid on exchange/completion, it's in their interests to get this sorted as calmly and painlessly as possible - so there's no risk of them losing their fee, or having to wait longer for it.   

tealady

Personally I would tell EA appliance is broken.
Then offer 3 options
1) you will pay for repairs
2) you will dispose of broken dishwasher and pay a token amount towards a replacement
3) you will pay a token amount but not dispose of dishwasher

Then leave it in their hands (oh and get a response in writing)

Emily_Joy

As a buyer, I would be quite irritated if the seller leaves me with the problem of sorting out something bulky and broken without letting me know. I would much prefer to be able to plan a little in advance which appliances I need to buy and not to have to deal with the problem of getting rid of it on the top of everything else.

Ditzy_Mitzy

Probably useful to find out what the buyer thinks first.  Some people don't want dishwashers thus would be happier with the thing gone and the water feed capped.  

Slinky

It would be courteous to remove a broken appliance rather than leave it for the vendor to dipose of, considering that may cost them money to do.