EA did not communicate white goods were not included.

SoupyNorman

Hey folks,

Sold the house, purchaser received the contracts and has now come back citing the lack of white goods.

We were more the explicit with the EA yet it appears he either told them purchaser they were included or it was assumed (for some bizarre reason).

Who's to blame in this scenario?

seamus

The EA. But ultimately it's still something to be sorted out between yourselves and the purchaser. When we bought our current place the EA told us everything was included (I can even remember her saying it), but when it came to contracts stage the vendors said they weren't. The EA admitted to telling us that everything was included, so the vendors relented.

You can refuse to include white goods and the purchaser can decide to pull out or reduce their offer.

Some white goods are generally assumed to be included - anything built-in and usually the cooker, even if it's free-standing.

One avenue you can take is to tell the EA that you'll include the white goods if the EA reduces their fee by a few hundred euro. It's in the EA's interests to get this sale through, so if you can drag them back into the mess they made, that can work.

banie01

If there is an inventory and they are included as part of the sale then whomever drafted the inventory is at fault.
On the other hand if there is an inventory and the white goods are not included, then the purchaser made an assumption.
And that's their issue not yours nor your EA's.
The purchaser could well be angling for a discount as generally white goods would be included in a 2nd hand house sale but whatever the scenario, only items included on the inventory/Bill of sale would be included in transfer of ownership and it is really down to the purchaser to ensure that this covers everything they believe it does.
Caveat emptor surely applies?
Assuming your inventory is correct with regards what's included, the onus is on the purchaser to ensure that's what he actually obtains.

Tldr: if the white goods aren't in the inventory submitted to the purchaser they aren't included.

Ps: Seamus' advice above is spot on regarding what the EA said to the purchaser.

Woshy

Our EA gave us a printed inventory of what was included in the house sale once we had paid a deposit, we then asked for 2 items to be removed (double beds because we knew they are hard to get rid of). Our solicitor was also involved in us going back to the vendors with this stipulation.

Do you know if your EA gave them a list of contents? I would have thought that was par for the course. If they did and white goods were not on it it's the buyers problem.

EDIT: as was said above!

SoupyNorman

Thanks folks, you're all singing from the same hymn sheet.

The EA did not furnish the purchaser with an inventory however we categorically stated that no white goods (including the cooker) would be staying.

Our solicitor sent the contracts last week and it states no contents are included then today our EA emailed looking for an inventory...I'm finding that a bit odd, our solicitor agrees.

To be honest, I'll take no crap from our EA...we've been very unhappy with him ever since we accepted the offer so if the purchaser is unhappy I will be blaming him.

foggy_lad

SoupyNorman wrote: »

Thanks folks, you're all singing from the same hymn sheet.

The EA did not furnish the purchaser with an inventory however we categorically stated that no white goods (including the cooker) would be staying.

Our solicitor sent the contracts last week and it states no contents are included then today our EA emailed looking for an inventory...I'm finding that a bit odd, our solicitor agrees.

To be honest, I'll take no crap from our EA...we've been very unhappy with him ever since we accepted the offer so if the purchaser is unhappy I will be blaming him.

Make a complaint about the Estate Agent to the PSRA.

You can also check that your Estate Agent is fully licensed here.

SoupyNorman

foggy_lad wrote: »

Make a complaint about the Estate Agent to the PSRA.

You can also check that your Estate Agent is fully licensed here.

I'll wait and see what happens anyway, just wanted to get some advice ahead of potential issues.

Handy to know I can lodge a complaint if needed.

Uno my Uno.

Carpets, Curtains and White Goods are usually included in a sale because in the context of the transaction they aren't worth moving usually. The Buyers aren't going to walk away over some appliances unless they are very high end or they are built in and their replacement is going to put them to significant expense. I would simply tell them sorry but the appliances are going with you and that is that.

If the Appliances are integrated and or expensive and the buyer's offer was made on the basis that they believed them to be included in the sale then they might feel justified in making you a revised offer, if that does become the case then you need to decide if you will put the house back on the market or accept a revised offer.

P. Breathnach

I know it's fairly common for the white goods to be included in the sale of a property, but I don't think a purchaser is entitled to presume that they will be unless they are integrated (so built-in ovens and hobs are part of the property, but a standalone cooker is not).

There isn't an onus on the EA or the vendor to specify that they are not included while a sale is being negotiated.

I think the purchaser is at fault.

At this point, it becomes a business decision. Is the sale endangered because of this?

daheff

If you have told the EA that the goods are not included in the sale, then its up to the EA to correctly advise this to any potential buyers. Failing to do this would mean the EA has not done what you are paying them to do.

I would tell the EA that this ommission is their fault and is their responsibility to correct (ie pay for).

Something similar happened to a family member in the past and the EA ended up having to buy Fridge for my family member to complete the sale.

foggy_lad

SoupyNorman wrote: »

I'll wait and see what happens anyway, just wanted to get some advice ahead of potential issues.

Handy to know I can lodge a complaint if needed.

Make the complaint anyway, these agents and management companies wont ever improve unless people light a fire under them!

Arbiter of Good Taste

foggy_lad wrote: »

Make the complaint anyway, these agents and management companies wont ever improve unless people light a fire under them!

Hold on a minute, I'm certainly not a fan of EAs, but if the purchaser made an incorrect assumption why should the EA be blamed? It may generally be the case that white goods are included, but as it is not a legal requirement, a sensible buyer should specifically ask. If they haven't asked, and have not been given any indication otherwise, then the assumption should not have been made.

While the EA probably should, as a matter of good business practice, advised the buyer, the onus was on the buyer to confirm the position.

SoupyNorman

P. Breathnach wrote: »

... Is the sale endangered because of this?

I dont believe so but requesting an inventory after we sent the contracts raised our eyebrows.

We'll wait and see but this thread puts me a little at ease as it seems it's the purchasers issue for not confirming and/or the EA for not explicitly stating.