Who is responsible for the missing furniture item(listed in contract) - buying a property

Yuki_Vm · 21-03-2023 04:19PM #1

Hi All, I am in the process of buying a property. Everything seems to proceed smoothly with the vendor solicitor but I am coming across something really weird when it comes to the interaction with the selling agency.

I was told in the very beginning that all the furniture will stay. I double-checked about it when I went to the sales agreed, then I got feedback from the selling agency that some of the furniture will be removed. They said it was the owner himself's decision. I was a bit disappointed but I didn't see it as a big deal.

Earlier, my solicitor got the contract from the vendor's solicitor. All the furniture which was said in the beginning is listed in the contract. Our solicitor is suggesting that we reach out to the selling agency to get all the items in writing and then we can move forward with the contract process. I called the agency and asked why there was an item missing and also asked for a list in writing for the items. The selling agency was extremely rude and refused to provide the list.

By the end of the day, I might have to give it up what is written in the contract as I don't want to go back and forth dealing with the agency for a few pieces of furniture. But I would feel very unfair if that's the case.

I wanted to ask anyone who had a similar situation - Who is responsible for settling the issue? is it the vendor or the selling agency? What is the solution here?

I really appreciate your help here!

Smee_Again · 21-03-2023 04:23PM

The vendor and selling agent are essentially the same thing, one works for the other.

eusap · 21-03-2023 04:30PM

Would have thought if its in the contract and both parties sign the furniture stays, he said / she said means nothing. I would let it run get both too sign and do an inspection the day before closing and if the furniture is gone the price reduces etc....

herbalplants · 21-03-2023 04:42PM

That happened to me years back, furniture was included for free but peaces went missing. I know 100% it was the estate agent who took it or someone from the agency as the vendor was living in a different city. I didn't chase on it as it wasn't a deal breaker for me.

The fact that the estate agent is rude to you suggest you caught him with porky lies... Press him further, ignore the rudeness, he wants this sale badly too....

Claw Hammer · 21-03-2023 04:59PM

I would ask for an inspection on the day of the closing. If anything isa missing, I would stop the sale until it was replaced.

DownByTheGarden · 21-03-2023 05:14PM

Go ahead with the sale and then go through the legal route to get the items that are in the contract.

Maybe ask to speak to the Vendor personally. Dont think ive ever heard of too many sales where there wasnt some personal contact between buyer and seller.

Kurooi · 22-03-2023 11:30PM

You should not be dealing with this, tell your solicitor and let them discuss this with the other solicitor. It is on solicitors to ensure the contracts they drew up were honored.

I had something similar happen, bit of the opposite - contract said property was as viewed but the previous owner right on close took it upon themselves to treat it like a skip for old **** they wanted to throw out. Wasn't much of a conversation , I took pictures, sent it to my solicitors and they got the other party to settle for a bit of cash (price of a large skip to throw the stuff out)

Ginger83 · 24-03-2023 04:11PM

Years ago we were renting the show house of a small estate. The opportunity came up to purchase and we made an agreement with the owner to purchase as is furnished.

The owner had a bedroom locked with personal stuff in it and he asked if he could collect. We were away the following weekend so we said work away. When we arrived back we thought the house had been robbed. Anything of value was gone. Expensive mirrors vases curtains rugs all gone. He even took the time to remove surround sound speakers from the walls.

We told him to shove his sale.

Experience has also taught us the trick with the locked bedroom was to claim we were licencees rather than tenants.

If you are not happy walk away.

Yuki_Vm · 27-03-2023 12:50PM

https://www.boards.ie/discussion/comment/120384219#Comment_120384219

I think our situation is the same as yours. Since the agency has already taken the missing item and moved it somewhere else, for us there is no point chasing further. Thank you for the advice.

Yuki_Vm · 27-03-2023 12:52PM

https://www.boards.ie/discussion/comment/120384371#Comment_120384371

Didn't know we can actually talk to the vendor personally, thought everything would go through solicitors. We might give it a go! Thanks

Who is responsible for the missing furniture item(listed in contract) - buying a property

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