fixtures and fittings?

andyh85

Hi, just got sale agreed and we  have just appointed solicitors to draw up contracts etc.

My question is what stays and what goes in relation to fixtures and fittings. I cant seem to find a definitive answer online in relation to IRISH house sales .
Its my understanding that built in appliances, oven hob, dishwasher and fridge should stay????
But what about curtains, curtain polls, fixed shelving in the bedrooms , a built in bookcase?
Anything you would advise to get added into the contract?

Also, this is our first property purchase, and its also going to be a rental property once acquired so any tips and advice would be greatly appreciated.

Thanks in advance

irlrobins

Generally down to each vendor, but typically integrated applicances would remain, as would carpets and curtains.

But nothing stopping a vendor excluding these from the sale, so it's good to have your solicitor list them in the contract.

Some vendors who think they got screwed in the sale price have been known to strip the house bare, including the lightbulbs!

We've jsut gone sale agreed on our apartment. Buyer's solicitor requested an amendment to contract to state that the "washer/dryer" was included in the sale, rather than just "washer". A good spot by their solicitor to ensure that the correct appliance was included.

Samuel T. Cogley

You could get anything from a partially complete house (we had very generous vendors) to someone who removes all the lightbulbs.

Practically there is very little you can do, you're unlikely to refuse to go forward over things being removed, it's unlikely to be worth trying to recover afterwards. All you can really do is a walk round one the day/day before the sale.

Anything you must have - get it in the contract.

Edit: Bear in mind sale agreed is just the negotiation stage! Keep looking at other houses and keep in mind it's about 50/50 that you'll get this house.

Edit 2: There is actually a common law position on this, it's pretty subjective which is why you can't find a definitive answer. Using the 'massive knowledge' of Land law I acquired during my time at the bar (of the college I went to) if it's nailed down it a fixture and is part of the property to which it's attached. If it's freestanding it's not. That really doesn't help much with integrated appliances as it's arguable either way. Let me know if you need me to look up anything on tapestries.

Gumbo

Technically, it can be anything or nothing.
I would deem the fitted kitchen to remain, carpets and flooring to remain.

Curtin poles may remain but the curtins themselves may be removed.
Anything that is fixed in should stay, so if it can be removed without damage then it could go, but fitted wardroves, integrated appliances should remain.

But its all subjective, have another viewing, make a list of everything and pass it to the vendor and ask them to confirm if it is been left or removed.

whiskeyman

Don't assume anything.
Informally have the chat with the EA about what the seller is leaving / keeping and then get it all down in writing in the contract.
Your solicitor should help with this.
There may be stuff you want out (piles of stored crap / old beds etc...), so it can work both ways.

sullivk

We have just closed the sale of our house. Integrated oven/hob, Kitchen, carpets, flooring, built-in wardrobes, garden shed, custom venetian blinds and curtain poles stayed.

We had a number of unusual wall shelves that we removed and took with us as we wanted them for our new house. We also took all our curtains and the dryer and dishwasher. When you're doing up contracts be very clear regarding what you expect to be included, ths seller's solicitor will likely clarify these items with the seller prior to contract signing.

Our buyers really pissed me off at the final hurdle... I really wish I had removed all the light bulbs before we left!!

Parchment

sullivk wrote: »

We have just closed the sale of our house. Integrated oven/hob, Kitchen, carpets, flooring, built-in wardrobes, garden shed, custom venetian blinds and curtain poles stayed.

We had a number of unusual wall shelves that we removed and took with us as we wanted them for our new house. We also took all our curtains and the dryer and dishwasher. When you're doing up contracts be very clear regarding what you expect to be included, ths seller's solicitor will likely clarify these items with the seller prior to contract signing.

Our buyers really pissed me off at the final hurdle... I really wish I had removed all the light bulbs before we left!!

Can i ask what the buyers did? *nosey*

ted1

With the intruducton is LEDs and smart lamps like the Philips hue, I'd say it'll be more common for people to take lamps (lightbulbs) with them.

Unless your contract states that curtains and white goods are included then assume that they are not.

sullivk

Parchment wrote:

Can i ask what the buyers did? *nosey*

Ah they just forced us to bring our closing date forward by almost a week or they would "reconsider their position" meaning our family is now living with my parents for the next week... then kicked up a stink over a broken extractor fan... then contacted their solicitor complaining that the garden fence had broken with the high winds yesterday and that there were plant pots in the garden.

Nonsense as far as I was concerned! 30 weeks pregnant and stressed selling/buying means my bullsh!t tolerance is running low

pilly

When I bought my house the seller wanted an extra 2k for the fitted wardrobes, when I refused they took them out and threw them into a skip!

Moral of the story if you really want something then put it in the contract.

Parchment

sullivk wrote: »

Ah they just forced us to bring our closing date forward by almost a week or they would "reconsider their position" meaning our family is now living with my parents for the next week... then kicked up a stink over a broken extractor fan... then contacted their solicitor complaining that the garden fence had broken with the high winds yesterday and that there were plant pots in the garden.

Nonsense as far as I was concerned! 30 weeks pregnant and stressed selling/buying means my bullsh!t tolerance is running low

I understand! they should have had the estate agent check the appliances before the keys were handed over!

Mrs OBumble

Be sure you check the attic too: its not uncommon to get landed with a bunch of shyte that you never even thought about, which they simply forget to take away.

Marcusm

kceire wrote: »

Technically, it can be anything or nothing.
I would deem the fitted kitchen to remain, carpets and flooring to remain.

Curtin poles may remain but the curtins themselves may be removed.
Anything that is fixed in should stay, so if it can be removed without damage then it could go, but fitted wardroves, integrated appliances should remain.

But its all subjective, have another viewing, make a list of everything and pass it to the vendor and ask them to confirm if it is been left or removed.

In law a fitted kitchen is not a fixture as it does not become integral to the fabric of a building. For this reason, any reasonably competent solicitor, using the Law a society's standard conveyancing documentation will ensure that there is clarity through asking his client to critically appraise the relevant schedules. A purchaser has no comeback if the appliances, integrated or freestanding, are not itemised as being left in the house. Likewise with carpets, light fittings etc.

listermint

pilly wrote: »

When I bought my house the seller wanted an extra 2k for the fitted wardrobes, when I refused they took them out and threw them into a skip!

Moral of the story if you really want something then put it in the contract.

Now that's just petty. Petty in a prick way. Agreed on a price for the house then ask for more money for wardrobes that are custom to the house. Off their heads.

Thestones

sullivk wrote: »

Ah they just forced us to bring our closing date forward by almost a week or they would "reconsider their position" meaning our family is now living with my parents for the next week... then kicked up a stink over a broken extractor fan... then contacted their solicitor complaining that the garden fence had broken with the high winds yesterday and that there were plant pots in the garden.

Nonsense as far as I was concerned! 30 weeks pregnant and stressed selling/buying means my bullsh!t tolerance is running low

Oh we had buyers like these, nightmare they were, they wanted to move furniture into our house before we even moved out, kept wanting to come by to take measurements of things at such short notice, and every time they came the wife would be like 'ooh can we have this included etc" she asked on 3 separate occaisons if they could have my sons lampshade for their son, it was a firm NO!! My 4 year old loves it, p*ss off!

Can't believe your buyers moaned about an extractor fan and fence, it's their house now, deal with it!

andyh85

Thanks for the advice, we are not currently residing in Ireland so everything is being done via email and phonecalls, we have not yet received a copy of the contract but the estate agent has contacted us on behalf of the vendor asking if we wished to purchase some items from the house(this would suit us as its going to be a rental), however some of the items on the list we presumed would come with the sale of the property and don't really want to be paying twice. From reading your advice it's probably best just to wait until we receive the contract and go from their. Thanks for your input, at least we are a bit wiser and more informed now .

mel.b

andyh85 wrote: »

Thanks for the advice, we are not currently residing in Ireland so everything is being done via email and phonecalls, we have not yet received a copy of the contract but the estate agent has contacted us on behalf of the vendor asking if we wished to purchase some items from the house(this would suit us as its going to be a rental), however some of the items on the list we presumed would come with the sale of the property and don't really want to be paying twice. From reading your advice it's probably best just to wait until we receive the contract and go from their. Thanks for your input, at least we are a bit wiser and more informed now .

I wouldn't neccessarily wait for contract stage to bring it ip. When I purchased my house all appliances were to be included except a new washing machine they had recently got so that was fine. Except the real estate agent when he was writing up his piece (can't remember what it is called) which included what contents were to remain forgot to include the dishwasher. I notified my solictor about this and they sais we'll discuss it at contract stage. Get to contracts and the vendor was having none of it, wouldn't include it as it wasn't in the original thing from the estate agent and threatened to pull out over it. When i finally moved in they had taken the dishwasher but left a chest freezer that wasn't even mentioned in any documents (and that i didn't want). So to be on the safe side make sure everything is discussed and agreed upon as earlier as possible (ideally during negotiations).

andyh85

Cheers for the advice, iv contacted the estate agent so he is going to get onto it straight away. Fingers x the homeowner is kind to us!and the sale goes to plan. Thanks for the advice