Bought house, wood burning stove gone!

kinger101

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

MysteryMe

BungalowBel said:

When we sold our last house, we said we would leave 'curtains'.  We did, but a different set to those which the buyer had seen.  We felt that this fulfilled our end of the bargain.  The buyer never complained.

All you had to do was say those curtains are going but I have others that I will leave in their place. Instead you chose to pull a cheap stunt. No wonder the buyer decided to not waste their time further with you.

Tiglet2

kinger101 said:

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

It is ambiguous because the sales particulars gave the impression that the wood burner was being left. However the seller didn’t let the EA know that it wasn’t included and the EA didn’t check that it was. 

RHemmings

Tiglet2 said:

kinger101 said:

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

It is ambiguous because the sales particulars gave the impression that the wood burner was being left. However the seller didn’t let the EA know that it wasn’t included and the EA didn’t check that it was. 

I'm curious to know what sales particulars may imply that the wood burning stove is being left. If it's mentioned in the text, I would personally think that would imply that it is part of what is being purchased. But, if it's just photos, even featured photos, of the wood-burning stove, I don't know what to think. What would have to happen in the particulars to imply strongly enough that the stove will be left. Note, this is a straightfoward, not a rhetorical question. I don't know the answer and would  like to know. 

daveyjp

Is a log burner a fixture or fitting?

It’s a fixture. It is affixed to the property and requires professional installation. It’s part of the property’s heating system and can’t be removed easily without causing damage.

kinger101

Tiglet2 said:

kinger101 said:

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

It is ambiguous because the sales particulars gave the impression that the wood burner was being left. However the seller didn’t let the EA know that it wasn’t included and the EA didn’t check that it was. 

I think you're confusing ambiguous with misleading.

And "gave the impression" with "stated".

While there is a due diligence process to house purchases, there are still standards an EA has to follow.  Which way do you think a complaint to the ombudsman scheme of which the solicitor is a member would go?   

Tiglet2

kinger101 said:

Tiglet2 said:

kinger101 said:

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

It is ambiguous because the sales particulars gave the impression that the wood burner was being left. However the seller didn’t let the EA know that it wasn’t included and the EA didn’t check that it was. 

I think you're confusing ambiguous with misleading.

And "gave the impression" with "stated".

While there is a due diligence process to house purchases, there are still standards an EA has to follow.  Which way do you think a complaint to the ombudsman scheme of which the solicitor is a member would go?   

The ombudsman would consider the Fixtures & Contents Form only.

kinger101

Section62 said:

HillStreetBlues said:

Grumpy_chap said:

I just read this thread again and I am really rather struggling now to understand why the OP is so concerned about the issue.

It is the OP's son who purchased the house, and the OP's son seems rather unconcerned.

Maybe time for the OP to cut the reins and let the OP's son make their own choices and worry about their own priorities.

As not a burning issue for OP's son, then I agree should just let it die.

Agreed.  No need to inflame the situation.  Even if it does grate.

Well, if you ash me, you should be ember-rassed by those puns.

BikingBud

Grumpy_chap said:

I just read this thread again and I am really rather struggling now to understand why the OP is so concerned about the issue.

It is the OP's son who purchased the house, and the OP's son seems rather unconcerned.

Maybe time for the OP to cut the reins and let the OP's son make their own choices and worry about their own priorities.

So you wouldn't want it made good?

You're happy they've taken the burner and left the chimney with a carrier bag?

They can't have it both ways.

kinger101

Tiglet2 said:

kinger101 said:

Tiglet2 said:

kinger101 said:

Tiglet2 said:

mikrt said:

Just found this on "Wayback machine"

"Living Room
A spacious through room with double glazed window to the front and bifold patio doors to the rear garden, oak flooring throughout, cylindrical feature log burner set on slate hearth"

I think I did say earlier on in this thread, that you shouldn't rely on the EA's sales particulars as they can be ambiguous.  It would be good form for a seller to tell the EA that the log burner wouldn't be staying, but the seller obviously didn't.  Of course, the EA might have asked the question, but didn't.  The EA is selling the property and goes round noting all the positives about a property, takes measurements, photos and provides a description of what there is.  

The sales particulars do not form part of the legal conveyancing, they are not attached to the contract and it is not to be relied upon as what you see is what you get.  If you visit a developer's new build show home, you know that all the furniture and decor won't be provided in the actual property you purchase, unless you're buying the show home.  Same principal here.  The F&C form is the only form to rely upon, but you had the opportunity before exchange to ask questions of both the seller, EA and your solicitor.

You might have said that but if the sales particulars state the house has a wood burner and a wood burner is there in the photographs, it is not ambiguous.

It is ambiguous because the sales particulars gave the impression that the wood burner was being left. However the seller didn’t let the EA know that it wasn’t included and the EA didn’t check that it was. 

I think you're confusing ambiguous with misleading.

And "gave the impression" with "stated".

While there is a due diligence process to house purchases, there are still standards an EA has to follow.  Which way do you think a complaint to the ombudsman scheme of which the solicitor is a member would go?   

The ombudsman would consider the Fixtures & Contents Form only.

They wouldn't consider that at all.  It's part of the conveyancing process. They'd consider the sales particulars.

This stuff is in plain site. Eg Property Ombudsman website.

EAs advertise, and the are legal requirements around that that have bend embodied within ombudsman's codes by which they must abide.