I am on the verge of backing out of a property sale. What are my options? [Merged]

raptor2004

Without getting too much into the detail, I put down an offer for a probate property which was accepted as vacant possession. I also paid a £5k deposit to the estate agents to agree the sale.

One of the main selling points was that the property was fully furnished and I was hoping they will either leave things behind or at least be open to offers on the things I wanted.

There are two executors and one of them is being really difficult to the point where I'm willing to just walk away and lose a bit of my money. At this point, all I want is the washing machine and fridge freezer but they are not prepared to even look at my offer (which is very fair). There are kitchen stools that match the decor of the kitchen that I also want, but seems like the unreasonable vendors may remove that too. I'm starting to think they will also remove the window curtains and blinds too which will really fustrate me.

What has really pushed me off the edge is that the front electric gates do not seem to be working. Over the last several weeks I repeatedly told the estate agent that I want that to work but I was led to believe that they are in working order. I have told my solictor that I want the front electric gates fixed with working fobs before completion, and I also want the curtains/blinds and kitchen stools.

If they were willing to be fair, I would have let the electric gates issue go, if they had left the washing maching and freezer or at least accept my offer on them!

What are my options? It is a buyers market out there and I have been very reasonable and fair to date but feel like the estate agent and vendors are just taking advantage of me at this point.

BungalowBel

They don't have to agree to leave/sell you anything, if they haven't put it on the form that you fill in at the beginning (can't remember what it's called).

FlorayG

Your options are buy it or don't buy it. The furnishings are a separate deal.. You can't force them to leave stuff and if you've offered your best price and they've said no then there's nothing you can do about it
I would insist on the gates being repaired though

Bookworm105

your option is to walk away or continue to argue

the vendor is perfectly entitled to remove anything and everything that is NOT listed on the fixtures and fittings section of the contract, but it sounds like you are a long way off agreeing the F&F list.

Similarly whether a fixture is working at point of sale should be reflected in the price you agree. If you want them to repair the gates then morally it would be fair for them to compare your offer against the "value" of the property with a working gate and so increase their asking price accordingly since your offer is presumably based on them currently not working. If on the other hand your offer amount is based on them working, then more fool you as it would have been safer to pay for the work yourself by discounting your offer. 

You clearly have not exchanged contracts, so what are the terms of the 5k deposit ?

raptor2004

Bookworm105 said:

your option is to walk away or continue to argue

You clearly have not exchanged contracts so what are the terms of the 5k deposit ?

Terms are not clear but if the sale does not go ahead then I will lose the deposit, which I am prepared to do so, especially if they refuse to fix the gates.

If we negogiate a new price that is lower, it may delay things as I will need a new mortgage offer and so forth. My solictor did mention that we can keep the same sale price but take off a couple of thousand when it comes to exchange.

raptor2004

I am a bit annoyed and I only blame myself but I think the sale misrepresented to me as I was led to believe the vendors will at least allow me to put down offers. Ultimately I agreed the offer as vacant possession so no going around that.

propertyrental

The £5K deposit sounds right dodgy.

Under what circumstances (if any) do you get it back?

Under what circumstances (if any) do you forfeit it?

Please quote the exact wording which you agreed to.......

cymruchris

raptor2004 said:

Without getting too much into the detail, I put down an offer for a probate property which was accepted as vacant possession. I also paid a £5k deposit to the estate agents to agree the sale.

One of the main selling points was that the property was fully furnished and I was hoping they will either leave things behind or at least be open to offers on the things I wanted.

There are two executors and one of them is being really difficult to the point where I'm willing to just walk away and lose a bit of my money. At this point, all I want is the washing machine and fridge freezer but they are not prepared to even look at my offer (which is very fair). There are kitchen stools that match the decor of the kitchen that I also want, but seems like the unreasonable vendors may remove that too. I'm starting to think they will also remove the window curtains and blinds too which will really fustrate me.

What has really pushed me off the edge is that the front electric gates do not seem to be working. Over the last several weeks I repeatedly told the estate agent that I want that to work but I was led to believe that they are in working order. I have told my solictor that I want the front electric gates fixed with working fobs before completion, and I also want the curtains/blinds and kitchen stools.

If they were willing to be fair, I would have let the electric gates issue go, if they had left the washing maching and freezer or at least accept my offer on them!

What are my options? It is a buyers market out there and I have been very reasonable and fair to date but feel like the estate agent and vendors are just taking advantage of me at this point.

You offered on the property - that's what your buying - not the contents - they are for them to do as they please. They can agree to sell them to  you, they can give them all to charity, they can throw them all down the dump. 

Unless your offer was £xxxk on the proviso that you get the washing machine and freezer - then there's not a lot you can do. What does your deposit paperwork say?

Personally I haven't come across handing over money to agree a sale - so not sure what you'd lose.

You liked the property - so made your offer - you can buy a fridge and a washing machine elsewhere - why would you throw everything away for the sake of two kitchen items and a couple of stools?

raptor2004

cymruchris said:

raptor2004 said:

Without getting too much into the detail, I put down an offer for a probate property which was accepted as vacant possession. I also paid a £5k deposit to the estate agents to agree the sale.

One of the main selling points was that the property was fully furnished and I was hoping they will either leave things behind or at least be open to offers on the things I wanted.

There are two executors and one of them is being really difficult to the point where I'm willing to just walk away and lose a bit of my money. At this point, all I want is the washing machine and fridge freezer but they are not prepared to even look at my offer (which is very fair). There are kitchen stools that match the decor of the kitchen that I also want, but seems like the unreasonable vendors may remove that too. I'm starting to think they will also remove the window curtains and blinds too which will really fustrate me.

What has really pushed me off the edge is that the front electric gates do not seem to be working. Over the last several weeks I repeatedly told the estate agent that I want that to work but I was led to believe that they are in working order. I have told my solictor that I want the front electric gates fixed with working fobs before completion, and I also want the curtains/blinds and kitchen stools.

If they were willing to be fair, I would have let the electric gates issue go, if they had left the washing maching and freezer or at least accept my offer on them!

What are my options? It is a buyers market out there and I have been very reasonable and fair to date but feel like the estate agent and vendors are just taking advantage of me at this point.

You offered on the property - that's what your buying - not the contents - they are for them to do as they please. They can agree to sell them to  you, they can give them all to charity, they can throw them all down the dump. 

Unless your offer was £xxxk on the proviso that you get the washing machine and freezer - then there's not a lot you can do. What does your deposit paperwork say?

Personally I haven't come across handing over money to agree a sale - so not sure what you'd lose.

You liked the property - so made your offer - you can buy a fridge and a washing machine elsewhere - why would you throw everything away for the sake of two kitchen items and a couple of stools?

I can let the fridge freezer and washing machine go. But I will want the electric gates to be fixed before completion

raptor2004

propertyrental said:

The £5K deposit sounds right dodgy.

Under what circumstances (if any) do you get it back?

Under what circumstances (if any) do you forfeit it?

Please quote the exact wording which you agreed to.......

Received the sum of Five thousand pounds (£5,000.00) being a holding deposit in respect of the reservation of the above property subject to contract. If this reservation is cancelled by the vendor, the holding deposit will be returned to the purchaser in full. If the purchaser withdraws or cancels due to vacant possession not being given upon completion, an adverse survey, decline of mortgage offer, issues with the title or any other legal issues that cannot be resolved, the holding deposit will be returned in full.  If the purchaser withdraws from the purchase for any other reason at any time, or fails to meet the exchange date, the reservation deposit will be forfeited and split between the owner and the estate agent for administration costs.  If contracts are exchanged the holding deposit will be deducted from the exchange monies given by the purchaser to his /her solicitors on exchange of contracts.

 

[Deleted User]

raptor2004 said:

What has really pushed me off the edge is that the front electric gates do not seem to be working. Over the last several weeks I repeatedly told the estate agent that I want that to work but I was led to believe that they are in working order. I have told my solictor that I want the front electric gates fixed with working fobs before completion, and I also want the curtains/blinds and kitchen stools.

Seems a rather trivial thing to push you off the edge?

A repair will be a few hundred pounds at the very most, Amazon have entire kits starting at less than £200 and it's only a few screws and wires to fit (so not expensive, even if employing a professional).

If you're making demands, 'wants' not 'would likes' this will almost certainly irritate the vendor.

Just in this one post you've mentioned hoping that they leave items, being open to offers (and implying that you expect them to say yes), described them as being really difficult, being prepared to walk away, unreasonable vendors, being pushed off the edge, suggesting a washing machine and freezer are a fair swap for a working gate, buyers market etc.

You're not sounding reasonable or negotiable and from your post I can't see how they are taking advantage of you.

Maybe a more amicable approach is required?