House sale - contents

Pandabear2

Hi,
Can anything be done if an item that was listed as included in house sale is not there when you get the keys?

To explain..the sofa was thrown in as a barganing chip when we had to up our offer to out bid another buyer. This was agreed verbally with the estate agent. Our solicitor included the sofa on the list of contents on the contract that they signed. We have just stumbled upon the sofa for sale online and asked our solicitor to double check that it was on our contract. He said it was and suggested maybe calling the estate agent about it as the other solicitor didn't want to get into it.

I just don't know what the estate agent can do here...the sofa was on the contract that they signed.
Maybe we can wait and see if the sofa will be there when we get the keys but is that too late then if it isn't there? Should we ask our solicitor to hold off on releasing the bank loan until we get to the bottom of it?
Thank you in advance for any advice!

4ensic15

Presumably, you wouldn't have got keys if the money was not paid over. How can the solicitor hold back funds?

Pandabear2

No we don't have the keys. The money hasn't been paid over yet. It just seems like a rotten thing to do and that there isn't much we can do about it either.

nuac

Mod
Sorry cannot give legal advice on this forum
The sofa situation should be discussed with the estate agent.

Pandabear2

Ok sorry, thanks.

the_syco

Pandabear2 wrote: »

It just seems like a rotten thing to do and that there isn't much we can do about it either.

Please note; you only came across the sofa being on sale, even though it's on the list of contents.

Before you hand the funds over, walk around the house; you never know what else got sold off.

Doop

+1 on the above.
final inspection the day before/or morning of the day you are due to close. If the sofa is gone you hold back on the value of the sofa. It will slow things down further maybe add 4-5 days delay onto closing but depending on your own accommodation situation I would hold fast.

daheff

seen this happen before. in the previous case the selling agent incorrectly added something to a list of contents. When it wasn't there on closing they said it wasn't supposed to be and that the vendor didn't mean it to be included.

long story short, after some wrangling, the selling agent paid for a new one to provided (as sale had already closed & funds changed hands).


OP- i'd be on to the agent asap confirming the items included in contents.

Just because you see a couch for sale online doesn't necessarily mean that it won't be there when you close (even if it was there on final check preclose, it doesn't mean it will be there when you move in).

Doop

daheff wrote: »

OP- i'd be on to the agent asap confirming the items included in contents.

We had the flip side couldn't get seller to remove her furniture, agent told us it had all been taken out. Took day off work did a pre-close inspection ... none of the furniture had been removed :mad: morale of the story I wouldn't bother asking the agent anything!

daheff

Doop wrote: »

We had the flip side couldn't get seller to remove her furniture, agent told us it had all been taken out. Took day off work did a pre-close inspection ... none of the furniture had been removed :mad: morale of the story I wouldn't bother asking the agent anything!

that happens a lot too... dumping of unwanted stuff.... especially ex rentals or receiver sales.

Pandabear2

Thank you for all the above feedback, much appreciated.
So the estate agent said the sofa was an oversight on the owners behalf and didn't realise they agreed to include it.
They will leave it now.
I guess the lesson for me is to always get these things in writing. It was a verbal discussion between us and the estate agent at the time.
Just going to hope for the best that nothing else will be missing when we get the keys.
Thanks again!