Dispute over items included in house purchase

Angryvermin

I'm in the process of buying a house, the sellers offered a reasonable asking price for current market, and we eventually (after the usual haggle/mock standoff) settled on a reasonable figure approx 10% below asking.
The house brochure listed a number of items that the seller was going to leave behind. In total a few thousand worth of kitchen applicances.

But the day before we were going to sign the contract, I asked the solicotor in passing whether the inventory was included.
He checked - next day responded, no items to be included!!

I went back to EA, who told me it was something for my solicitor to sort out.
After a lot of back and forth, and some of the items dribbling through via email from their solicitor to ours, eventually, my solicitor had enough and quite curtly told me that he was responsible for transfer of deed and title only, and that we should deal with the EA until we were satisfied.
Back to the EA, he said he had spoken to the other party, and that they were under the impression that some of the apliances were no longer being included because we had offered less than their 'bottom line' :eek:

So basically now, I'm stuck between a rock and hard place, my lease is up at end of the month. And the whole process is stuck in the mud.

I agreed on a price with the EA on the understanding that all listed items would be included, at no time was I informed otherwise!!

I really dont want to be the bad guy here, putting to squeeze on people who are likely taking a negative equity hit... but I'm still probably buying a big portion of the total NE off them by buying now while the market continues to tumble, meanwhile interest rates rise on my undrawn mortgage...?
All I want is what we were told we would get.
But I've heard stories of disputes ending up with disgruntled sellers tearing up all the floor boards and tiles out of spite!!
So I don't want to be too confrontational...

Any suggestions??

Kosseegan

Pull out! Even if your lease expires you are probably a Part IV tenant so you can continue on for quite some time. If you have not signed the contract, take back your deposit from the EA and go find another house.

antiskeptic

Find the loose thread and unravel the argument. This is the loose thread.

Back to the EA, he said he had spoken to the other party, and that they were under the impression that some of the apliances were no longer being included because we had offered less than their 'bottom line'

You're negotiating on the price of a sale item advertised. You've a bottom line and they've a bottom line. Unless you've both agreed to alter the description of the sale item it's on bottom lines you're negotiating .. and nothing else. You don't agree to sell a car for less than your bottom line then remove the engine come handover day.

Ask them to come up with a justifiable reason to alter the sales description in which case you'll consider things. Rather than pull out, you'll have placed them under a moral obligation to proceed fairly.

seamus

We had exactly the same problem, though perhaps not to the same value. The EA told us that the major kitchen appliances were included in the sale, including the dishwasher and washing machine.
When the contracts came we looked over them and found that no appliances were mentioned. So this was queried with the seller, who responded that they weren't aware that the appliances were to be included in the deal and didn't want to leave the dishwasher and washing machine as they'd been given as wedding gifts. Back to the EA who said that she "forgot" to mention it.

In the end we said that we would take the house without the appliances, but would take €500 off the offered price so we could buy them ourselves (we knew that they had gone sale agreed on another house, on the basis of our offer). So they agreed to leave the appliances there.

You haven't signed contracts yet, the seller has the fish in the net, they would be complete morons now to let you pull out for the sake of some kitchen appliances.

Tell the EA that the advertisement stated that the appliances were unconditionally included in the sale. Either they are included in the sale, or you're taking €2,000 off your offered price. At this stage you have the option of walking away without losing any money, you are holding all the cards and have the strongest position.

magentas

I made sure to get a list of contents included in sale before we paid deposit incase something like this happened. OP you definately have the upper hand here. Your deposit is 100% refundable but there's no way they'll pull out now because of this.

Tell them straight up that you want the items, which you made an offer based on their inclusion or else tell them to drop the price. Simple as that.

The couple we bought from got pretty pathetic, saying we could buy the tiny sitting room mirror, to make them an offer:rolleyes: You are totally in control here. Get it in writing this time and finalise it!

Oh and congrats on your new home:)

ShadowHearth

Just a small tip from my side:

Don't look at your lease, if needed take an extra month. Perfectly: give your notice after you get your keys, even if it will mean to pay an extra month of rent.

I almoust gave a notice to my landlord, when I gave deposit to the EA on the house. It took 2 months of bull**** from seller and we had to pull out from deal and take our deposit back. If I would have given notice then, I would be on the world of ****. No house that we planed to buy, and can't stay as we gave notice.

As for items in sale. I would be very careful. A few stories here already mentioned about people even taking the light bulbs when selling the property! If they are bitchy about cooker or fridge, they might take theyr tiles and carpets too, just to be dicks.

murphym7

I would not be getting involved in this sort of messing about kitchen appliances - they would be very foolish to push the matter, they are obviously not living in th real world.

One more communication from you to say all the appliances stay or you are pulling out - end of story.

Angryvermin

Folks, thanks a million for all the valuable advice... unfotunately, I've already made a few of the errors that have been cautioned against here.
Gave notice to the landlord a month ago and we're out on wednesday, moving in my partners parents... fun times ahead!!

My solicitor is not being helpful at all, so it's all on me to get this sorted.
I got a call from the EA office today, telling me that the sellers were going to push for a decision to made today!!!
So I told him that my decision was that either they agree to leave everything the had advertised in the brouchure, or we renegotiate the price. Seriously, the gall of them??
Whatever sympathy I felt for them is drying up fast.
My partner is worried that they are going to pull out of the deal now, but honestly, I'm thinking seriously about pulling the plug myself:mad:

D3PO

tell the EA your pulling out unless the items are left end of story.

Tell him he has 1 hour to get back to you to confirm. Be 110% prepared to pull out. They are taking the piss dont be used as a doormat.

mathie

The vendors would be absolute clowns if they let a sale slip over a few appliances!

3DataModem

You haven't answered the most important question: are you prepared to buy the house at the price agreed even though the stuff isn't there?

Morally you are in the right, but legally you are not. Before threatening to move out think about the outcome.

If you really want to play hardball, remove them before moving out. Tell the landlord they broke and leaked or whaever, and you are arranging for replacements to be delivered. Then move out.

What can the landlord do? Report you for theft?

seamus

Um, are you responding to the correct thread?

silja

3DataModem wrote: »

If you really want to play hardball, remove them before moving out. Tell the landlord they broke and leaked or whaever, and you are arranging for replacements to be delivered. Then move out.
What can the landlord do? Report you for theft?

.... they haven;t moved yet, they haven't bought the house yet.

RATM

murphym7 wrote: »

I would not be getting involved in this sort of messing about kitchen appliances - they would be very foolish to push the matter, they are obviously not living in th real world.

One more communication from you to say all the appliances stay or you are pulling out - end of story.

This is good advice. But I'd say do this AND go one step further- make the contract conditional on the house and its contents being EXACTLY the way it was when you viewed it. If they even so much as remove a single tile then you have a right to walk away.

It's a buyers market OP, use it to your advantage.

3DataModem

seamus wrote: »

Um, are you responding to the correct thread?

Sorry, my first reading of OP I inferred that they were currently renting the gaff they plan to buy. If that's not the case, than my post is garbage. Sorry!

ravendude

RATM wrote: »

This is good advice. But I'd say do this AND go one step further- make the contract conditional on the house and its contents being EXACTLY the way it was when you viewed it. If they even so much as remove a single tile then you have a right to walk away.

It's a buyers market OP, use it to your advantage.

Not much use after you have closed, - they have their money and you have the keys.
You can sue, - but it probably wouldn't be worth your while.
You don't get to inspect the place just before closing unfortunately (which is a bit mad really).
Its no harm putting the clause in though...

Fully agree though, - tell them they're either included as advertised, or you're pulling out. Don't be a pushover.

Let us know the outcome, - would be curious to know what happens

val444

We recently bought a house and the vendor wanted to rent the place from us for a while after closing. We said no, but offered to delay closing by a couple of weeks to help them out.

In what I can only assume was retaliation, they took almost all of the light bulbs, curtain poles, etc. In ripping down the curtain pole, they took half of the plaster off one wall. There was laminate flooring in the sitting room, which was completely ruined by them pulling all of their furniture out across it. They took everything that wasn't nailed down, and some stuff that was! Even the handles off either side of the bath!

In return, they did leave some rather fetching old underpants in the hot press, and a handwritten prayer book down behind one of the storage heaters.

Awesome.

So yeah, insist on whatever you like, but when you walk in, be prepared for the worst. I know you can sue, but realistically, will you bother?

Snakeblood

val444 wrote: »

We recently bought a house and the vendor wanted to rent the place from us for a while after closing. We said no, but offered to delay closing by a couple of weeks to help them out.

In what I can only assume was retaliation, they took almost all of the light bulbs, curtain poles, etc. In ripping down the curtain pole, they took half of the plaster off one wall. There was laminate flooring in the sitting room, which was completely ruined by them pulling all of their furniture out across it. They took everything that wasn't nailed down, and some stuff that was! Even the handles off either side of the bath!

In return, they did leave some rather fetching old underpants in the hot press, and a handwritten prayer book down behind one of the storage heaters.

Awesome.

So yeah, insist on whatever you like, but when you walk in, be prepared for the worst. I know you can sue, but realistically, will you bother?

This is a pretty funny story even though it's about bad things happening. Sorry for the hassle.

val444

Ha, not at all Snakeblood, we laughed too. What else can ya do? I must admit to being annoyed about the walls and the floors, but once we saw that they had taken the handles from the bath, we cracked up. For god's sake like...

BostonB

As advertised, or I'd pull out aswell. TBH

Its a bit of a stunt if you ask me, and if thats the way they are thinking who knows what else they are doing.

MagicMarker

Fúck em, pull out and then make another offer in 2 months time for 10 grand less.

Angryvermin

Thanks again to all for the valuable advise...
Just to follow up, the seller eventaully saw the light and agreed to leave all as was originally agreed.
Meanwhile, the house has probably devalued by about 10k:rolleyes:

BostonB

Why not wait a few months then?