dispute over fixtures and fittings update.

emmamc252

i posted a couple of weeks agot ot ask for advice on a house we have had an offer accepted on. we have had the survey, all the searches etc done, its right at the top of our price range. when the list came with all the fixtures and fittings they were leaing, it was totally different tro what we had agreed witht eh vendors erbally, they were even taking kitchen items that were included int he literature. we just heard back from the estate agent, ppl had been on holiday, they have said that they never said they were leaving any of that stuff,and the white items in the literature were only to be left if they got a good price, so because we knocked them down they are now taking them. this is absolute rubbish, my mother in law is the one that sorted this deal out so its just rediculous, they have basically said tough knowing that we stand to lose over £1000 if we pull out.

just found out this morning and we really think that we are going to pull out. just want to know what other ppl would do. basically as it is at the top of our budget we can't afford to replace these items, and we agreed the price because all this stuff was being left. they have said they won't drop a penny and won't leave the stuff. do we just start again?

Doozergirl

Well, you lose all the money you've spent so far so you're not exactly gaining by pulling out. In the grand scheme, it's not that much money.

Have a word with your solicitor though because if the items are included in the estate agent's blurb then I *think* they do form part of the contract. We had this issue before where we had bought new washing machine and tumble drier for the inlaws but used them to help sell the house first. The agent used them in the details and the buyer got shirty when we didn't mention them in the F&Fs. Our EA ended up dropping their fee to accommodate the cost of the white goods they'd included but were not supposed to.

So personally, I'd leave the items that aren't listed on the EAs details and buy some on ebay where you can get brilliant nearly new stuff for really low prices, and ask the solicitor to contact the EA with regards to Misdescription of the property. See if that gets you anywhere

gordonstights

Oh dear... you poor thing! Sounds like they are not bothered if you do pull out. Have you made it clear that you are seriously reconsidering because you were counting on the items & feel you've been mislead? If the seller really is just trying to pull a fast one, knowing that you are thinking about pulling out because your offer was made on the basis that these items were coming with the house may make them reconsider. But you say your mother in law made the deal - can you be sure that the seller was told your conditions of the sale? I mean at the time the offer was placed? Maybe the estate agent didn't pass on the information and is telling the seller that the white goods were never mentioned as part of the offer. It would be best if you talk directly to the seller and try to come to some agreement as they could be feeling just as angry as you if they feel that you are only now insisting that they let the white goods go with the house. The only thing you can do is tell the seller that you offer was made on those conditions and it's regretful that the EA didn't pass that info onto them, but can anything be resloved as you don't want to lose money by pulling out and you can not afford to replace everything.

Give them a call, but don't go in all guns a blazing!! Hopefully the vendor will listen to you and consider letting you have some of the goods as a goodwill gesture!

Good luck

silvercar

If the EA included them in the description and you agreed the price on that basis, they have to be included. Get the EA to sort it out. We had exactly the same discussion about a range cooker. In the end the seller reduced the fee they were prepared to pay to the EA by the cost of a replacement cooker and we got the cooker left.

Your other option is to drop the price by the cost of replacement goods.

I know it is illogical, but I am perfectly prepared to accept second hand goods left by the seller but I wouldn't buy second hand goods off Ebay.