Sale Contracts

one2go

I have signed the contact - the seller has signed the contract and my solicitor said to do a walk through before they released the funds etc. I went up to the house and found a guy who said the seller sent him and he was removing the cooker hood and kitchen sink - I kid you not. Told me he was just going to turn the water off and leave it. Some items agreed with the auctioneer were also missing. The auctioneer has told me the seller gave them away. he also said the seller can remove any fixtures if he likes... is this true?

I want to complete and get in - we are having a standoff at the moment.

Anybody got any experience like this - I trust the solicitor but they are not always the quickest.....

thanks

MarkAnthony

Ya go with it and move in or ya tell them you're not releasing the funds as things were not as agreed. It's all fun and games. Do you like poker? It's basically a game of poker, you're risking losing the house, they're risking losing the sale.

Other considerations are what does the contract say? Although I doubt your solicitor will withhold funds if there is a possibility it's your side only breaching.

People are absolute knobs when it comes to property sales. I thank my lucky stars we had good vendors.

EDIT: You can agree with the auctioneer that black is white and that Salma Hayek will be on standby for any 'needs' that might 'arise', means sod all unfortunately.

seamus

When the contracts were being signed, the seller would have handed over a manifest (forget the specific term) that lists all of the items to remain in the house when it's sold.

In effect, anything that is not included on this manifest can be removed by the seller prior to closing. Agreeing it with the auctioneer isn't worth the paper it's written on, they will say absolutely anything to go sale agreed and then go back on it later.

Some things you leave behind by convention - like kitchens (and sinks!) - but for the most part if something isn't fundamental to the property, the vendor can take it unless specified otherwise

I wonder how far that can actually go though. I suspect they can't pull out all of the copper wiring and remove the radiators. Could they take a bathroom suite?

Peregrinus

Fixtures and fittings - and that includes the sink and the cooker hood and the wiring and the radiators and the bathroom suite - are part of the building and pass on sale unless the contract stipulates otherwise.

OP, I don't know why you are talking to the auctioneer about this. He works for the vendor. You have a solicitor and you pay him to advise you about things like this, and to act for you in relation to them.

Sala

Are fixtures and fittings not in the requisitions on title? They should have answered this. Ask your solicitor. Then again, it's probably quite vague- people tend to be lax about specifying as more vendors don't take the kitchen sink :-0 Usually anything bolted down or screwed in a fixture and is left. Ie- that's why people take their cookers with them unless agreed otherwise, but usually presume (perhaps a dangerous assumption in your case!!) that an integrated oven stays.

I know if one person who bought (many years ago now) and the seller took all curtains, curtain rails, carpets, and dug up the plants in the front garden

Pat Mustard

one2go wrote: »

I have signed the contact - the seller has signed the contract and my solicitor said to do a walk through before they released the funds etc. I went up to the house and found a guy who said the seller sent him and he was removing the cooker hood and kitchen sink - I kid you not. Told me he was just going to turn the water off and leave it. Some items agreed with the auctioneer were also missing. The auctioneer has told me the seller gave them away. he also said the seller can remove any fixtures if he likes... is this true?

I want to complete and get in - we are having a standoff at the moment.

Anybody got any experience like this - I trust the solicitor but they are not always the quickest.....

thanks

Mod:

You have a problem and it's not clear how serious it is, exactly.

You have a solicitor who you should ask. You should make contact asap.

You should not ask for legal advice here, per forum charter.

Thread closed.