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Inclusions in sale

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  • 10-10-2019 11:12am
    #1
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭


    Hello,

    Just agreed to buy a house and there were home appliances listed as being included in the sale on the daft advert. The estate agent has just made contact to say what is included and it is less than advertised.
    Am I be entitled to go back and say I want to knock 1k off the price as my offer was based on the advert which stated the inclusions which is now not the case?

    thanks.


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    #2
    looksee
    Registered Users Posts: 28,052 ✭✭✭✭looksee


    Its certainly worth a try, it depends on how much you want the house. On balance is the value of a few appliances against the cost of the house worth giving up the house over?


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    #3
    Xterminator
    Registered Users Posts: 4,717 ✭✭✭Xterminator


    Hi Op

    i think you are right to be annoyed.

    however, you are not buying the advertisement. you buy the house and are entitled to everything that is signed for in the contracts, via your solicitor.

    By all means raise the issue -if the goods value is in excess of 1k sure- consider asking for the 1k off the asking price. But then usually the asking price is not what the house actually sells for, in some cases its more, in some cases its less.

    But bear in mind if you really like the house, and plan to live there for years, to risk losing the house to another bidder because you play games with buyer ... well just weigh it all up in your head 1st before you go charging in.


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    #4
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    Thanks. It's not something I want to back out of the sale over but think I will just ask for 1k off the price rather than demand it. Will do it calmly and chance my arm.
    It's more annoying than anything else really and in the end I will probably have to spend an extra 1-2k on a few things I didn't plan to. At least they'll be all shiny and new and mine though I suppose! :)


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    #5
    BrokenArrows
    Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    Jjjjjjjjbarry wrote: »
    Hello,

    Just agreed to buy a house and there were home appliances listed as being included in the sale on the daft advert. The estate agent has just made contact to say what is included and it is less than advertised.
    Am I be entitled to go back and say I want to knock 1k off the price as my offer was based on the advert which stated the inclusions which is now not the case?

    thanks.

    Yes you are and fully expected.

    We had the same issue where a bunch of furniture and appliances were part of the sale.

    But when we went to visit the house again to estimate the cost of renovation it had all been removed. It was a mix up between the people selling the house. It was being sold because the owner died and the children were selling.

    Either way we got 2.5k off the price.


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    #6
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    Went back on this and ended up letting one item go but got the rest included so worth arguing.

    Now as I’m about to close I’ve got a tip that the seller has taken down the nice light fitting in the sitting room. I’m worried now as what else will be taken? Is it possible the seller can take light fittings, stoves, radiators or even swap them out before moving out after I’ve signed a contract? I thought legally they could only take their personal or free standing stuff unless declaring things like this? Will raise concerns with my solicitor obviously but has anyone had this issue and how was it resolved?


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    #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    Jjjjjjjjbarry wrote: »
    Went back on this and ended up letting one item go but got the rest included so worth arguing.

    Now as I’m about to close I’ve got a tip that the seller has taken down the nice light fitting in the sitting room. I’m worried now as what else will be taken? Is it possible the seller can take light fittings, stoves, radiators or even swap them out before moving out after I’ve signed a contract? I thought legally they could only take their personal or free standing stuff unless declaring things like this? Will raise concerns with my solicitor obviously but has anyone had this issue and how was it resolved?


    Yes, of course they can remove them. They are fittings.
    If it’s not in the sale agreement then it’s fair game to remove and replace with a basic hanging bulb light.

    I would imagine that because you caught them out on the previous items, they are now removing anything of value or sentiment.


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    #8
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    kceire wrote: »
    Yes, of course they can remove them. They are fittings.
    If it’s not in the sale agreement then it’s fair game to remove and replace with a basic hanging bulb light.

    I would imagine that because you caught them out on the previous items, they are now removing anything of value or sentiment.

    I didn’t catch them out though? I just noted firmly and politely that they were mentioned as being included originally before the sale was agreed so reasonable to expect this agreement to remain in place. The estate agent even told me she was surprised I’d agreed to let that one item go as it was clearly stated. That doesn’t seem like a fair reason to remove everything else of value in any case.


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    #9
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    Jjjjjjjjbarry wrote: »
    I didn’t catch them out though? I just noted firmly and politely that they were mentioned as being included originally before the sale was agreed so reasonable to expect this agreement to remain in place. The estate agent even told me she was surprised I’d agreed to let that one item go as it was clearly stated. That doesn’t seem like a fair reason to remove everything else of value in any case.

    Always assume fixtures and fittings will be removed unless specified in the contract. That can include curtains, lights etc

    Now I wouldn’t expect to see built in appliances removed but strictly speaking, free standing appliances can be removed such as fridges, microwaves etc


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    #10
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    kceire wrote: »
    Always assume fixtures and fittings will be removed unless specified in the contract. That can include curtains, lights etc

    Now I wouldn’t expect to see built in appliances removed but strictly speaking, free standing appliances can be removed such as fridges, microwaves etc

    What about boilers, radiators, solid fuel stoves?
    All fair game to remove?


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    #11
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    Jjjjjjjjbarry wrote: »
    What about boilers, radiators, solid fuel stoves?
    All fair game to remove?

    I would say no.
    Boilers, rads and stoves part of the heating system.
    They are not fixtures and fittings.


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    #12
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    Thank you.


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    #13
    JustMe,K
    Registered Users Posts: 610 ✭✭✭JustMe,K


    your solicitor should recommend you do a final walk through before completion so you can raise any issues at that stage. Handy thing there is to check sheds, attics, outhouses etc to ensure lots of rubbish hasn't been left for you to deal with, as well as ensuring the items you are expecting to be in the house are there.


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    #14
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    kceire wrote: »
    I would say no.
    Boilers, rads and stoves part of the heating system.
    They are not fixtures and fittings.

    They are fixtures which cannot be removed. Fittings can be. Some smart ass owners take out the light bulbs when they go!


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    #15
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    What I thought was an interesting definition of difference between fixtures and fitting is if you were to turn the house upside down everything that doesn't move is fixtures (e.g. rads, carpets, doors, integrated appliances) staff that falls is fittings (furniture, free standing appliances).

    There is still some grey areas like curtain rails and potentially light fittings (more likely taken if they are nice ones).

    The source for that definition is from uk site here.

    They are more sensible about it and have an official form to be filled out by seller so it is very clear and there is no ambiguity.


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    #16
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    cruizer101 wrote: »
    What I thought was an interesting definition of difference between fixtures and fitting is if you were to turn the house upside down everything that doesn't move is fixtures (e.g. rads, carpets, doors, integrated appliances) staff that falls is fittings (furniture, free standing appliances).

    There is still some grey areas like curtain rails and potentially light fittings (more likely taken if they are nice ones).

    The source for that definition is from uk site here.

    They are more sensible about it and have an official form to be filled out by seller so it is very clear and there is no ambiguity.

    That's also a good way to determine what you insure as your Buildings Cover and contents.


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    #17
    Jjjjjjjjbarry
    Registered Users Posts: 652 ✭✭✭Jjjjjjjjbarry


    Thanks all. Very helpful info and good to know there’s a defined legal limit on what can be removed.


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    #18
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    Jjjjjjjjbarry wrote: »
    Thanks all. Very helpful info and good to know there’s a defined legal limit on what can be removed.

    You might let us know what that defined legal limit is.
    I’m not aware of any legal limit here (bearing in mind the links in previous posts are for UK sales).

    Read the contract. Clarify with the vendor what is and is not staying. That’s the legal limit, nothing else.


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