To challenge seller on ripping out fireplace

[EMS23]

We've just moved into our new home which had a log burning fire when we looked round and is mentioned on estate agents info as a 'feature'.

Moved in and she's taken it. I've checked the sellers info form and it's just not mentioned on it at all.

She has however left us with a faulty electric cooker and a broken washing machine, not to mention a filthy house and broken glass panes in 2 of the internal doors - she knew we were moving in with 3 DC's, two of which are toddlers so the broken jagged glass at hand height is particularly annoying.

I can live with the filthy house - I'd have cleaned it anyway. The cooker and washing machine is annoying but again, I was planning to replace them anyway but the log burner is beyond a joke. That's going to cost at least a grand to replace.

DH says not to bother bringing it up but I'm furious and want her to pay for the replacement.

So, AIBU to go after the money or is it not worth the effort?

The EA details are not contractual, the form the vendors fill in, is. Caveat emptor I'm afraid, though I do sympathis.

When we bought our current house the EA's description of the sitting room said it had a real wood floor. When the vendors left they took their large rug ... which revealed the floor to be a wood surround and a large chipboard centre.

We took to up with the EA and they admitted they had never looked at what was under the rug and they agreed to compensate us so we could put in the wooden floor which they said was there. They also said they would now check under every rug in every house they sell!

OP-i would take this up with the EA!

haven't read all the posts, but presumably the log burner was fixed to the wall/floor/ fireplace with some kind of permanent fixture? If yes, then it is almost certainly a fixture and the seller should have specified if she wanted to take it.

(Assuming you are in England, not quite the same in Scotland).

I would put a claim in the small claims court - but give your solicitor a quick call to make sure the point wasn't covered in the paperwork somewhere

My log burner isn't fixed to the floor it is freestanding within the hearth and could easily be removed without any damage being done to the fireplace. I frequently move it to clean the hearth tiles properly.

I put calls in to solicitor and EA today and typically, neither were there.
EA's assistant did straight away say that it would be their view that the property selling details aren't contractual but that he would ask the EA to contact the seller to understand what happened.
Solicitors assistant said to bring it up friendly with the EA and if I don't get anywhere, to let them know.

So I'll pursue on Monday and come back to thread to update.

Doesn't caveat emptor (buyer beware) relate to the condition an item is sold. So, the fact that EMS was effectively misled by thinking a major item such as the stove was just.. Well.. Missing, when she took possession isnt about the condition of the item, rather that she was expecting something that wasnt made available to her upon completion.

Just wondering if we are talking about 2 different things here?

I would have thought that, if the vendor wanted to take the item they would have added it and ticked the "taking" rather then "leaving" box, on the form. I guess if there wasnt a line item called "stove" or similar they may have felt they could just not mention it. The key thing is whether EMS can hold the EA to account. It may come down to what the solicitors would agree was "reasonable to expect".

I suspect you'll be hard pressed here. Unless the burner was the only heating or fired some kind of back boiler? These days they are generally additional to a full (enough) ch system and are viewed as a more fashionable or luxury addition. EA details almost all carry the caveat these days too.

I'd be annoyed I'm your situation but mostly I'd feel a bit foolish for not raising it when the fixtures list came out. A log burner isn't fixed really more attached.

Hmmm..,I would be tempted to go through your solicitors. Ours told is about a time when sellers took a friggin staircase with them, God knows how. Or what they planned to do with it. She did explain at the time I can't remember now. One call and it was returned.

EMS ddon't be fobbed off by the EA assistant, tell them that the fire was described by them as a fixture, in the same detail as the power points and radiator and UPVC windows.

it was not a flowery wordy description, and it was mentioned to the vendor after the offer was accepted and they didn't correct you. it is totally reasonble to exoect them to take wall mounted tellys for example, but not a professionally installed heating source for a room.

the EA will do anything to get you to ftfo, they donk't want the hassle from the vendor as the vendor is who pays them, their fee is at risk here. what they are charging for the sale will be about equal to the return of the fire I dare say.