Contents not included in contract?

recipesforme

Hello,

We've recently signed for our first home. When we went Sale Agreed the EA said it was on the proviso that we either take all the contents (beds, tables etc -all very, very old/worn out) or none.

We said we'd gladly take the contents as we have no furniture of our own.
This is also very understandable as the vendor lives abroad and has done for years and therefore doesn't need the contents of the house to lug back to his country of residence.

For some reason the vendor doesn't want the contents to be included in the contract. Does anyone know why this would be? Should we be worried?

Our solicitor said this happens sometimes but couldn't explain why

Graham

Just thinking out loud but I wonder are there tax complications if the contents are sold separately (either here or in the sellers home country).

I guess your solicitor warned you about relying on something agreed but not in the contract? That said, I can't imagine you've too much to worry about, if the contents are as you describe it would be more effort that it's worth for the seller to try and stiff you out of 'old/worn out' contents.

recipesforme

Thanks for replying Graham

That sounds like the most logical reason.
I think it's the evasiveness of our solicitor has me worried.
She said I should call the EA again if I want reassurance but that there's no real need to have the fixtures and fittings listed, and that separate "deals" are done all the time.

What "deal"? Surely the "deal" was we pay a hefty amount of money for the house and contents as seen

I would have thought our solicitor should have been insisting that the contents be included in our contract rather than leave it to us and the EA?

They may want to be paid seperately (possibly even in cash) for the contents. This sort of thing is not unheard of.

recipesforme

Thanks - that's what I'm afraid of.

It wouldn't worth anything and I'd rather they empty the place if that's the case and we can buy stuff we actually want

It would just be a pity as we were told that the vendor would be leaving everything.

Graham

Did they ask for any kind of payment for the contents?

recipesforme

No but I'm just wondering why our solicitor used the word "deal".

It implies some kind of transaction

Graham

recipesforme wrote: »

No but I'm just wondering why our solicitor used the word "deal".

It implies some kind of transaction

Assuming you haven't paid anything extra in the purchase price to include the contents I think you could be overthinking this.

If the contents have little to no value there's no benefit to the seller to trying to pull a fast one.

If the seller tries to negotiate an additional payment you can just say no thanks.

Sesame

Yes thats it I would say. They will reduce the house price by 10k for instance as mark the house sale price as 10k below what you pay. This wouldn't be a good idea as it will undervalue the house when the time comes for you to sell it on as the property price register will have the lower price.
It is probably to reduce their tax bill and isn't unheard of. It used to be common enough when stamp duty was higher when you reached a certain band. The house price would be put at below the band value and a contents price brings it over.

Can you ask the solicitor to find out if there is going to be a separate "charge" for the contents and if so, you are not interested?

Bushmanpm

recipesforme wrote:

What "deal"? Surely the "deal" was we pay a hefty amount of money for the house and contents as seen

Beware! That hefty amount is quite literally for bricks, mortar, door and windows. Assume nothing and always get it in writing. I know in this instance the vendor is abroad....
But you never know!
Remember: "caveat emptor"

recipesforme

Thanks for all the replies.

I've heard back from the EA and all is well!

The vendor doesn't want the contents listed in the contract as they are not part of the sale. What he's more or less doing is gifting us the contents so there's no need for them to be mentioned in the contract.

I think that maybe our solicitor could have asked a few more questions before telling me to get in touch with the EA to do a deal, but I'm just so relieved that all is well. First-time buyer jitters I guess!

1641

As I understand it from your opening post, you are not paying anything extra for the contents. If so, you are probably fretting far too much. The vendors don't want the hassle of sorting the contents, setting out an inventory of what is to remain, etc. If it is not contractual there can be no dispute afterwards - reasonable from their point of view if they are getting nothing for it anyway. The worst case scenario (likely) is that you will have to get a skip afterwards yourself, as they will probably also leave their junky (to you) stuff. You may find that one or two small "sentimental" items are taken also.

I don't get the mooted tax scenario.


Edit - hadn't seen your last post !

Graham

Best of luck OP, jitters are part of the territory.

1641 wrote: »

I don't get the mooted tax scenario.

More common in other jurisdictions with tiered stamp duty rates. Less likely here unless you're around the million neighbourhood.

No telling what the sellers position would be from 'abroad'.