Estate agent agreement not involving solicitors

sazandy25

Hi, my mum is planning to move from a 3 bed semi to a 2 bed bungalow, proceeds from the sale of hers will cover cost of bungalow. 

The bungalow is owned by the son of the lady who currently lives in it. The son hasn't been to the bungalow for 10 years, family breakdown & has now decided to sell. She has recently put a new kitchen in & was adamant it wasn't being left without being paid for.
The fixtures & fitting list has come through, stating kitchen, cooker etc is 'excluded'. Carpets also 'excluded'. 

My mum has flagged this issue up with the estate agent (also selling my mums house), he has said the kitchen/carpets etc WILL be included. He has said the son will pay the him for the kitchen and then pass the money to his mum.
Estate agent says the son selling the property is fine to deal with etc. He is just unable to go near his mum (court judgement from family breakdown) hence wanting to sell property.
The mum in the bungalow has been packing to move & has contacted the local authority for help in finding her next home.

I've said she should get something in writing from the estate agent to show the agreement that has been made as a minimum.
Any idea if this ok or does it ring alarm bells?
Should she also explain to estate agent that a copy will be forwarded to her solicitors.

GDB2222

This should all go in the contract, so it has to go through the solicitor.

Flugelhorn

all needs to be on contract including signed documentation that the other lady will actually be leaving the property on the day of completion ( to get vacant possession) 

Also this is nothing to do with the estate agent - leave it to the solictors

sazandy25

One solicitors refused to take the conveyancing on, guessing due to relationship of son & mum and the problems that could arise. 
Do you think the solicitors would be happy enough with a copy of the agreement, or could it cause major problems if fixtures and fittings form aren't updated?
Again would be difficult for son to update as he hasn't been to property for years.

MysteryMe

This would have to be formally documented.  Potentially not having a kitchen is the least of her worries with what appears to be a tenant in place.

david29dpo

As said above, NOTHING to do with agent. DO NOT involve the agent, all they think about is there fee
This is a job for your lawer ONLY

Voyager2002

The whole situation sounds like an absolute nightmare. Best not to get involved until the bungalow can be offered with vacant possession. 

eddddy

Flugelhorn said:

Also this is nothing to do with the estate agent - leave it to the solictors

I'd disagree.

The estate agent's proposed solution probably isn't acceptable - but this is exactly the type of situation where you want a good estate agent involved.

There are a mother and son who are unwilling/unable to talk to each other - so it sounds like the estate agent is acting as mediator, and negotiating with each party, to try to find a solution to the kitchen \ carpet dispute.


In simple terms, the issue seems to be:

• The son owns the property that your mum wants to buy

• The mother owns the kitchen and carpets that your mum wants to buy

So a much better solution would be...

• The seller (the son) includes the kitchen and carpets in the fixtures and fittings form

• The seller (the son) pays his mother for the kitchen and carpets out of the proceeds of the sale - or alternatively agrees that the son's solicitor will pay the mother directly from the proceeds of the sale

Maybe suggest that to the estate agent - to see if he can phone the seller and their mother to get them to agree.

Then inform your solicitor that the fixtures and fittings list needs to be updated.




Edit to add...

As others suggest, maybe you should also find out how 'keen' the seller's mother is to move out of the property, and whether there is likely to be an issue with her refusing to move out.

sazandy25

I totally believe that is what the estate agent is trying to do. Mediate between son & mum, to ensure everyone is happy. He sells the house & she gets paid for kitchen etc.
I definitely think the 'agreement' between estate agent & son should be made clear to the solicitors.
As I've discussed with my mum, the solicitors need to know everything, to ensure ALL legalities are covered. At the end of the day, they are working for her.
Slightly surprised that the estate agent has agreed to this arrangement.
As son could remove kitchen after paying estate agent/his mum and my mum be left without one (as per current fixtures and fittings).

I am on the understanding that lady who currently lives there is ready to move out. Very sad, a son making his mum homeless.

Thanks for all replies 👌

swingaloo

If the mum is going to be homeless and relying on the council to re-home her then she will probably be advised not to move out until she is evicted. Dont believe anything you are told about her being ready to go, this could drag on for months.

m0bov

Don't spend a single penny until vacant possession and you have viewed the property after the move out. The kitchen needs to remain and should be on fixtures and fittings. Otherwise I mortgageable and massively affects sale price. Wait until mum is out of the picture.