Can buyer sue me for taking curtain poles/curtains(29 Posts)
Recently sold a property and took everything. Apparently all fixtures was ticked as being left. Buyer is now kicking up a fuss and taking it legal.
I offered to give them back the poles but the curtains were mouldy so discarded. They kicked up a fuss saying they cannot let the place without curtains and its costing them money. They want the labour to put the poles back, it takes 5 mins as the wall plugs are still in.....
So they want to go through legals, won't this mean that the property will be unlettable for longer and in any case what she does with the property is none of my business so why did they even raise this as a point. Our issue is with the curtain poles and curtains.
Can they sue me for taking them? For context we are talking about TWO poles which cost less than £30 from Ikea!
I thought some goodwill had been built up as I helped her with post completion queries such as car parking, access doors etc which are downstairs. Something her solicitor or herself should have been able to point out from the plans.
I also left a free standing fridge freezer which did not form part of the fixtures list. Can I ask for this back?
The buyer could ask for the money it costs to have the freezer removed, so I wouldn't bring up that you dumped that there!
You shouldn't have taken the poles. And if you wanted to take them you should have filled the walls again and painted over the plaster.
The buyer wanted the fridge freezer hence why I left it, but this was never formalised in the fixtures and fittings list.
I'd tell her that's cool, but then if she wants to press on with that I'd be charging for my time for the assistance I gave her, as per the relevant professional rates, and send her an invoice.
I think this would be dealt with in Small Claims, which is fairly straightforward. If she pursues it you might be better just giving her an allowance (obvs taking into account wear and tear hahah) and drawing a line under it. You should've just left them though!
Yeah they should have been left but I had friends help me clear and they didn't know. The charging for my time is a good one to offset it to help her with her queries. I will tell my solicitor when she receives the letter.
If they were ticked as being left I would do the decent thing and take them back plus some cheap curtains from ikea. It's hardly worth the hassle doing otherwise is it?
I would offer to fix them back up too and apologise for the mistake.
Take them back/buy replacements. Yes, no one in their right mind would (IMO) make a court claim (application fee £70-ish?) for a £30 thing, and delay the whole rigmarole, but for whatever reason your buyer is.
To be fair I would have offered straight away to bring them back and put them up as they are useless to me. However the initial text was not one to resolve but by stating I was in breach and that it would cost her hundreds to put right.
I know for a fact that it does not cost hundreds.
I'd be minded to reply in a level-headed way and say that you can pop round to replace the poles and curtains. She is then free to shriek all she likes about delays and £££ repairs, and look like a ninny.
Am I the only one who is wondering why you took them, if they are useless to you?
It does seem as if there might be more to this.
But bottom line is yes, the fixtures and fittings are part of the sale, you are in the wrong and they are entitled to seek redress.
Explained above why they were took, are you the only one that doesn't read threads properly?
Actually, I don't think that's explained.
You say that, having taken them you threw the curtains away (and explained mold) but not why you took them down in the first place, when you didn't even want them and had signed that they would be staying.
You can't blame your friends. Either you should have briefed them better, or checked what they were doing more carefully. Did your (unsupervised?) friends do anything else you didn't check properly at the time?
If you get arsey with people, it might explain why the new owners are choosing more formal channels.
I'm not blaming my friends, you can ask a hundred questions why this why that but this is now the scenario. You might want to look at your tone first before spouting your mouth.
Anguaresurgam you're just being rude and unhelpful.
OP, the buyer is being over the top with her attitude but I'd offer to replace poles and curtains. Mistakes happen, it wasnt a big deal. When I bought my first house the buyer didn't leave keys for some doors and I had to get someone to drill locks out and replace at my own expense. The cooker also didn't work. I asked my solicitor what we could do about it and they basically said it wasn't worth doing anything thing with.
Have you been responding to your buyer the way you have responded to people here? If you have been this belligerent to them, that might be why they are going down the official route. You are in breach of contract, so yes they can take legal action if they want to.
Actually, I don't think that's explained.
I think it is explained.
OP - suggest you offer to go back and reinstate the curtain rod and curtains.
It was your responsibility to ensure the friends knew what to leave behind. They requested the fridge freezer and you left it as agreed. You should have tried to make amends as soon as you realised the mistake.
No, it was the opposite way around actually. I have offered to send them back and put them back up but in return I am being told this is costing them money as its not lettable and breach of contract, no acceptance of offer yet to make it right though.
Easy to say in hindsight but when its tied in with a house move on my part then its hardly going to become the priority. I didn't even realise until I got a text and found the poles in my garage.
I thought fixtures were things like kitchen units, baths and toilets and fireplaces, things if removed would deem a house inhabitable. Fittings would be things eg light bulbs, curtains, curtain poles, carpets and moveable furniture.
Perhaps I'm wrong, having been in my house for 26 years and not having any reason to move in the foreseeable future.
So you have already offered to go back and replace them? The buyer is taking the piss. Keep records of your text/emails showing you have tried to go and return them. If they try and go through small claims I can't see them being successful for much else than the cost of a new rod and curtain.
Recently sold a property and took everything
I've never really understood why people do that. We had sellers that even took the light bulbs. Some folks would even rip the carpet up if they could.
Yes you took something that didn't belong to you. You had sold them and yes they can come after you legally in any way they wish as you are indeed in breach.
Buy replacement poles from Ikea at cost of £30. Also buy replacement curtain from Ikea, maybe £40 .
Offer in writing to go round and put these up. It will cost a lot less time and money than several letters from your solicitor at £140 .
Yes they are being unreasonable but just suck it up and move on.
I assume you were renting out the property yourself ?
troys Exactly what is to stay is on the fixtures and fittings list which is part of the contract. This goes into detail to avoid any doubt.
And sellers are now told to leave a light fitting with a bulb, to prevent the dickhead move of leaving bare wires.
So - you have poles you don't want, can't use, and promised to leave behind. She wants the poles. Why can't you just bring them back?
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