Please help - buying a house and ..

teetotaller

Hi
I need your help please - any ideas much appreciated.

the story is

I'm buying the house at the moment, when I was viewing it at the beginning I was told by estate agent that almost all kitchen electrical appliances are included in sale. (they are good quiality in very good condition)

Now money from bank are already on solicitors account, closing date is in next few days, I need to move out from current place,, and just today estate agent told me, that vendor is taking all built in appliances - oven, washing mashine, cooker, etc. - it means when i move in with my family I'll have few holes in the kitchen and I can't afford to buy new appliances,

I checked contract with my solicitor - no single word about kitchen appliances.

There were many problems with documents. delays on other side, i'm pi**d off, and won't give up on this - I already had to change my plans, and lost some money

What should I do in this case?

If I have verbal agreement with estate agent about contents, and now after estate agent hear that money are on their way they are telling something different ?

should I tell them that in this situation - I can't live in this place as I can't buy appliances and I'm resigning from buying this place? as I need to rent something to accomodate my family?
I do have all other furnitures, but not a kitchen appliances.


this is weird - we have buyers market and they are making so many problems.

please help

Treehouse72

Teetotaller, there is a forum on the message board below called "Property Accident and Emergency"....it is specifically for people like you with an immediate problem needing fast advice. The posters over there tend to be very well informed about this stuff so it might be a good place to ask the same question if you don't have any luck here:

http://www.thepropertypin.com/viewforum.php?f=53


Best of luck, hope you get sorted out.

AARRRGH

Definitely try to pull out of the sale. They will panic as they know they will have difficulty finding another buyer, so they might offer a reduction...

How did your solicitor not inspect the contract to see if the kitchen contents were included?!

Shazanne

Sounds to me like you have a definite case here. When the Estate Agent took on the sale of that property there should have been an inventory drawn up of all that was or was not included in the sale. Plus, the Estate Agent would have been instructed about such matters. Because the Agent took it upon themselves to tell you that the appliances were included, they should back you up on this. Start by questioning them. And inform them of their negligence and the fact that you intend to take the matter further. Then move on to your solicitor and make him/her get the finger out and start acting for you - you're paying dearly for this. Then, if you're still not getting any satisfaction, tell them you are pulling out - but that you're not doing it quietly! A little suggestion of negative media attention can do wonders in a case like this!
I have my own thread on here about Estate Agents and I'm on the other side of the fence to you as I'm the seller. They are so hungry for commission at the present time they will do or tell you just about anything! Just don't panic - keep a clear head and fight your corner!
Best of luck and keep us posted.

Jo King

There is a lot of nonsense being advised herre. You have signed a contract. If you do not complete the purchase you can be sued on your contract.
You should have had the contents itemised on your receipt for the deposit from the auctioneer.
You can delay the closing and try and cause a nuisance to see if there will be some give from the vendor but you need to be careful that you are not forced to pay interest or that you do not forfeit your deposit.
You should get your solicitor to write a letter of complain immediately to the solicitor for the vendor and to the auctioneer.

teetotaller

Treehouse72 - thanks for link
I already got few replies on other forum

All - thanks for your comments

Just one idea for us all.

when we talk about something - we need to record every single word - it is said, but true......
I'm just too honest and if I give my word I don't change it. I wish all other people were the same

If I have signed contract with conditions from our side - and these conditions won't be resolved before agreed closing date - can i still say NO and get back my all deposit?

Jo King

You have signed a contract. You are a long way from being able to rescind and recover you deposit. You need to talk to your solicitor. You are likely to be misled by advice given on the internet. Without reading all of the documentation nobody could properly advise you. If you wanted contents you should have had it recorded on the slip and also told your solicitor when you were signing the contract.

teetotaller

Jo King wrote: »

You have signed a contract. You are a long way from being able to rescind and recover you deposit. You need to talk to your solicitor. You are likely to be misled by advice given on the internet. Without reading all of the documentation nobody could properly advise you. If you wanted contents you should have had it recorded on the slip and also told your solicitor when you were signing the contract.

Jo King - conversation with my solicitor will the first thing I do tomorrow morning - I'm just trying to get some ideas, information, maybe somebody had similar situation. I just have sleepless night in a front of me

I was deceived, and can't agree with this.

I'm wondering about legal action against EA - my and my wife's word against EA word.

I would like them to pay for the same quality appliances....
EA are "professionals" - they should have give me contents list to sign when I paid deposit - but i didn't get it or sign it.

SueWho

I would blame your solicitor. I bought a house last year and it was one of the first questions my solicitor asked the seller's solicitor: to provide a list of all furniture, fittings and electrical appliances that were being included in the sale. My solicitor then wrote this list into the contract.

Bad form of the seller/ EA to mislead you, it's quite underhanded tactics but at the end of the day, you and your solicitor did not confirm this part of the sale and write it into the contract.

D3PO

Jo King wrote: »

There is a lot of nonsense being advised herre. You have signed a contract. If you do not complete the purchase you can be sued on your contract.
You should have had the contents itemised on your receipt for the deposit from the auctioneer.
You can delay the closing and try and cause a nuisance to see if there will be some give from the vendor but you need to be careful that you are not forced to pay interest or that you do not forfeit your deposit.
You should get your solicitor to write a letter of complain immediately to the solicitor for the vendor and to the auctioneer.

Jo King is spot on here. Its a bit underhand but if you didnt get the contests written into the contract you dont have a leg to stand on if you have already signed the contract.

ricman

AS stated the solicitor should have listed furniture,fittings ,electrical items, on the contract, if he did not list them, its your solicitors fault.
ASK your solicitor for a copy of the contract.
SEE powercity.ie ,a cooker, fridge and washing machine comes to 1000euro approx.
IF YOU stop now,you could lose your deposit ,and get sued by the seller.
LETS SAY THE HOUSE is 200k, i dont think its worth stopping the purchase over 1000 euro, which was your lawyers, fault.
YOU should have also asked your solicitor to make,sure all fittings, carpets,electrical items were included ,as part of the purchase.
ie its been known for people to remove all carpets, and some presses ,
if they are not included in the contract.
ie when most people buy a house ,they dont get a fridge,or cooker,
its up to the seller ,case by case.
in this case you cant go by the word of an estate agent,
ie you are not being ripped off ,
the agent may have just forgotten about it.
if the house is fine,and the price is ok, you should go ahead.

if you wanna be angry ,be angry at your solicitor,its his fault.
AFER YOU MAKE , a bid, then most people, 1st question is whats included,
with the house,
do i get carpets,curtains, electrical items,
ie you had a least a month to check this out be4 you SIGNED the contract.
many people take the curtains , when selling, if its not stated on the contract.
YOU signed a contract,im presuming you also put down a substantial deposit too.
YOU could end up losing your deposit.
MY FRIEND bought a house, he got no fridge,cooker, washing machine,
thats ok, he wasnt expecting them.
HE WAS HAPPY,HE GOT a fine house at a fair price.
HE was happy to go to powercity or did and buy new items.
HE got the carpets,curtains ,thats it.
I DON,T think you are being ripped off by anyone , but you should have checked this out
with your solicitor.
ITS like,buying a car, after buying it, you cant complain, theres no cd/radio / alarm in it.IF thats not part of the purchase agreement.

ie its up to the buyer to make sure ,what items are included when buying a house.
its not standard practice to get a fridge and cooker,washing machine when buying a house.
IT SHOULD HAVE been stated in the contract.
you could get your solicitor to write to the agent, and seller stating that YOU EXPECTED
TO GET these items, but i dont think its worth stopping the transaction over 1000euro.

D3PO

ricman wrote: »

dont think its worth stopping the purchase over 1000 euro, which was your lawyers, fault.
.

bullsh*t you sign the contract you read what you sign. If you didnt ask about the contents its your fault not the soliciitors. Too many people not willing to take responsibility for themselves.

and on a different note, could you actually make an effort to format your posts in an easy to read format Ricman ? There terrible to read and its not just this one its all of them

Shazanne

I think a little bit of humanity and understanding is called for here - that post is a bit harsh!
The person who started this made it clear that they cant afford to supply these items - so tellin them that they only cost E1000 is hardly helpful! And then to say that they should take responsibility for themselves? Maybe so, but not all people are familiar with the procedures involved in house purchase so I think the Solicitor should take some of the responsibility here - is that not why you pay them??
As for ricman's posts - what the hell is wrong with them? I have no difficulty reading or understanding them - are we all supposed to be computer savvy in order to be on this Forum?
Maybe DP3O you just got out of the wrong side of the bed this morning - I suggest you get back in!

D3PO

Shazanne wrote: »

I think a little bit of humanity and understanding is called for here - that post is a bit harsh!
The person who started this made it clear that they cant afford to supply these items - so tellin them that they only cost E1000 is hardly helpful! And then to say that they should take responsibility for themselves? Maybe so, but not all people are familiar with the procedures involved in house purchase so I think the Solicitor should take some of the responsibility here - is that not why you pay them??
As for ricman's posts - what the hell is wrong with them? I have no difficulty reading or understanding them - are we all supposed to be computer savvy in order to be on this Forum?
Maybe DP3O you just got out of the wrong side of the bed this morning - I suggest you get back in!

Shazanne dont misunderstand me here. What the seller or their agent has done is absolutly underhand and morally wrong. (althoguht if I had to make a bet I dsay the EA jsut said this to clsoe the deal and the seller never had any intention of leaving them and is completly innocent in this whole thing) I have a lot of sympathy for the OP I really do.

But the blame game culture isnt right. People need to take responsibility for what they do. Signing a contract without reading it through is crazy. Almost daily on this forum there are examples of peole signing contracts without understanding them or reading them weather it be in the case of a house purchase or in signing a lease. This is not right and people need to understand the consequences of signing a contract.

Blaming the solicitor here is akin to somebody defaulting on their mortgage because of affordability issues and blaming the bank for giving them the mortgage in the first place.

Sometimes when you provide a reality check it comes across very harsh, sorry if thats the case but thats what my post was a reality check, nothing to do with getting out of bed the wrong side, that said Id love to get back into it

And seriously your telling me that Ricmans posts are easy on the eye ? Of course they are readable but the formatting doesnt lend to it. Perhaps Im alone on that but I doubt it.

ZYX

teetotaller wrote: »

Hi
that vendor is taking all built in appliances - oven, washing mashine, cooker, etc. - it means when i move in with my family I'll have few holes in the kitchen and I can't afford to buy new appliances,

If the appliances are built-in then as far as I know they are included in the sale in the same way the kitchen is included in the sale. You do not need to have them mentioned specifically.

ricman

IF you are buying a secondhand house ,its not presumed you,ll get the fridge cooker .your lawyer should have checked this.
i am sorry for you, but ask your , lawyer, but if you stop the deal, then you may lose your deposit.

D3PO

ricman wrote: »

IF you are buying a secondhand house ,its not presumed you,ll get the fridge cooker .your lawyer should have checked this.
i am sorry for you, but ask your , lawyer, but if you stop the deal, then you may lose your deposit.

Ricman your wrong. The contract is signed you cannot stop the deal end of story.

teetotaller

D3PO wrote: »

But the blame game culture isnt right. People need to take responsibility for what they do. Signing a contract without reading it through is crazy. Almost daily on this forum there are examples of peole signing contracts without understanding them or reading them weather it be in the case of a house purchase or in signing a lease. This is not right and people need to understand the consequences of signing a contract.

D3PO

Not sure why you are telling me that i didn't go through documents, or didn't read carefully contract
I did it , but there was no word about house appliances and what is included in sale and I missed this.


There should be a template for these types of contracts
all points one after one listed - in that case I would see point - house appliances and i would do something.

If we would all know all the process from beginning to the end what for we would need Estate Agents, and Solicitors taking our money ??

We could do everything on our own.

Also my post was not about money - I was renting for too long - in my own place I want to have quality appliances - no point to buy cheapest, I don't want to rent my house. and good quality second hand are still better then new "no name" ...



Anyway the story is that i spoke to the EA earlier today said what i think about all these problems ( and earlier problems) and recieved an email from EA informing that Vendor agreed to leave appliances less fridge freezer as agreed at the beginning.

- I'll learn my lesson , and hopefully because of this thread some other first time buyers will remember to get everything in writing.

Thanks for all your replies.

and as previously - it is not about money- it is all about being honest and proffesional

Shazanne

ZYX wrote: »

If the appliances are built-in then as far as I know they are included in the sale in the same way the kitchen is included in the sale. You do not need to have them mentioned specifically.

I think that may only apply to integrated appliances, which would form part of the kitchen and, unless you take the kitchen cupboard doors as well, you could not remove them. Built in mean, as far as I know, that the cupboards are built around them but the appliances themselves are free-standing.
Either way, I feel so sorry for the OP in this case and I still feel that the professionals let him/her down and that someone should be made to carry the can here. Again I say, that what we pay Estate Agents/Solicitors etc to do for us.

Shazanne

teetotaller wrote: »

D3PO

Not sure why you are telling me that i didn't go through documents, or didn't read carefully contract
I did it , but there was no word about house appliances and what is included in sale and I missed this.


There should be a template for these types of contracts
all points one after one listed - in that case I would see point - house appliances and i would do something.

If we would all know all the process from beginning to the end what for we would need Estate Agents, and Solicitors taking our money ??

We could do everything on our own.

Also my post was not about money - I was renting for too long - in my own place I want to have quality appliances - no point to buy cheapest, I don't want to rent my house. and good quality second hand are still better then new "no name" ...



Anyway the story is that i spoke to the EA earlier today said what i think about all these problems ( and earlier problems) and recieved an email from EA informing that Vendor agreed to leave appliances less fridge freezer as agreed at the beginning.

- I'll learn my lesson , and hopefully because of this thread some other first time buyers will remember to get everything in writing.

Thanks for all your replies.

and as previously - it is not about money- it is all about being honest and proffesional

Good for you! And I'm glad you got a satisfactory outcome:) And you're perfectly right - it is all about being honest and professional and you're not the first, or the last, who will trust a professional to do their job but discover it very often doesn't work that way.
Anyway, best wishes and every happiness in your new home;)

EKRIUQ

I've seen this happen before, when the seller and the buyer don't see eye to eye over the price and negotiation. Next the seller gets pissed off at the price and decides to take all appliances.

Solicitors work off a standard contract and unless you want specific things written into it your just buying the house shell.

JuliusCaesar

Shazanne wrote: »

I think that may only apply to integrated appliances, which would form part of the kitchen and, unless you take the kitchen cupboard doors as well, you could not remove them. Built in mean, as far as I know, that the cupboards are built around them but the appliances themselves are free-standing.

Actually, built in means integrated. My appliances are free-standing ie when the kitchen was fitted, gaps were left so that I could install my appliances.