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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Completed on my very first house today and the vendor has taken everything that was supposed to be staying!!

72 replies

FilmaWlintstone · 26/08/2016 14:56

Hi everyone - I'm a bit flummoxed so thought I would share whilst I wait for an answer...

I'm a FTB, completed today, arrive at my new shiny house I now own (well old and dirty but still my little achievement) and the vendor- despite agreeing on the fixtures and fittings form to leave loads of furniture (sofa, beds(!) various chests/wardrobes, dining table(!) - has taken it all (he was moving in with a partner so didn't need it)

I've obviously called the solicitor and he's looking into it... I'm moving out of a furnished place so I have nothing to sleep on and not a lot of cash!!

AIBU in being fairly miffed??

OP posts:
justjuanmorebeer · 26/08/2016 16:13

Congratulations on buying your first home, that is huge.

Your vendor will have to either return them or compensate you. Don't back down.

LurkingHusband · 26/08/2016 16:16

Congratulations on your house and welcome to the wonderful world of property owning.

Just a note that just as bad as stuff removed that was agreed should be left, is stuff left behind that was agreed should be taken.

Skips etc are not cheap.

2kids2dogsnosense · 26/08/2016 16:18

We hd the night bulbs taken, too - and the plugs off the sinks! Honestly - you couldn't make it up! Sweartogod that if they could have taken the wallpaper they would've stripped it off . . .

2kids2dogsnosense · 26/08/2016 16:19

Foxton - I hope you left every piece of post for them in a butt of water to await collection . . .

CheckpointCharlie2 · 26/08/2016 16:22

No problemo! What a fuckface he is, hope he gets bollocked and has to pay you enough to buy lovely new stuff!

carefreeeee · 26/08/2016 16:23

Hopefully you'll get some money to replace the stuff..but if not, panic not - it's amazing what random furniture turns up. I recently moved house and had to furnish it, was inundated with offers of stuff over the month or 2 after moving in. Only had to buy a bed (cheap and second hand although excellent quality) and the rest came for free. It's amazing how often people replace perfectly good furniture. Ended up with 5 offers of a sofa all within 1 week!

PersianCatLady · 26/08/2016 16:42

I am thinking charitably and hoping that this is all a mistake and the removal men have taken stuff by accident.

Have you tried calling the seller direct at all as once the stuff is unloaded from the removal van (if that is what has happened) it is going to be a nightmare to move it.

monkeysox · 26/08/2016 16:52

Congratulations on your home. They are utter dicks.

Original poster
FilmaWlintstone · 26/08/2016 16:54

Update
The vendor's solicitor has been contacted and has said he didn't leave it because I didn't want to pay for it.. This conversation never happened!

Apparently he updated the document and sent it back - solicitors seem to think that's the end of it??

Waiting for the boss to call me back but from my pov this is their balls up???

OP posts:
CheshireChat · 26/08/2016 16:55

Foxton maybe they took it as a memento sort of thing?

Foffyouwanker · 26/08/2016 17:03

If the signed contract says its included the solicitors should be persuing it!

BMW6 · 26/08/2016 17:05

I thought any furniture that was being bought by the house purchaser was paid for seperately from the house transaction and was direct to the vendor?

Chikara · 26/08/2016 17:10

Did you agree a price for the furniture? If you were under the impression that he was going to leave it but he says that you wouldn't pay it sounds as if he expected to agree a separate price for the furniture and when he didn't hear back he took it away.

Still not your fault but the solicitors have cocked up somewhere. I hope that you sort it out OP. And congratulations on your first house!

PersianCatLady · 26/08/2016 17:16

Apparently he updated the document and sent it back - solicitors seem to think that's the end of it??
Not good enough.

Do your solicitors mean that his solicitors got the document or yours did?

Either way I would be considering taking action against your solicitors....

SwedishEdith · 26/08/2016 17:16

Hope you get it sorted. But, if not, I'd buy simple wooden garden table and chairs for now (IKEA) and a table cloth and use that for the dining table. Means you've got garden stuff for next year.

Original poster
FilmaWlintstone · 26/08/2016 17:16

Ok now it's back to being his fault and I have to wait til Tuesday for a response !

It was always agreed as part of the purchase price in lieu of some work which needed to be done - my solicitor is now saying there is clear correspondence that the other side agreed to this and it's either his bad or his solicitors' potentially

My solicitor did just say 'depending on how things proceed you may need to take him to small claims court but you may decide it's not worth it'

UM... Hmm I think it's definitely worth it.

Argh

OP posts:
Chikara · 26/08/2016 17:17

By the way furniture should be costed and shown separately for tax purposes so it should be clear what you paid for the house and what you paid for the furniture. If you don't have that calculation then that's where the mistake is. (Still down to the lawyer if yours knew that you wanted the furniture)

origamiwarrior · 26/08/2016 17:18

Does sound like there has been some confusion (most likely between the two solicitors). If the list of furniture was a separate sheet, rather than on a form, then it is quite likely the vendor was sending it to see if there was anything you wanted to buy, and when he didn't hear back, took it to mean you weren't interested. I think the vendor has probably behaved appropriately.

But if your solicitor told you earlier on the phone all that stuff about it being a breach of sale as it was an addendum to the contract, then he's acknowledging that was his information that you relied on, so yes, the solicitor should refund you! (and claim back from the other solicitor if the fault lies with them).

DesolateWaist · 26/08/2016 17:18

Did you never see the updated fixtures and fittings list?
What a bell end.

KickAssAngel · 26/08/2016 17:20

I wouldn't be nice about this - he pays up or small claims starts by this time next week at the latest. It's obviously not a mistake, he's a liar and a thief,and he'll probably think he can get away with it.

AlwaysDancing1234 · 26/08/2016 17:21

I can see you have had all he practical advice about solicitors etc but just wanted to add my good wishes and what and absolute bastard that seller was!
We had the opposite when we moved in to our place - old horrible beds and sofa left which should have been removed, much more hassle to sort out be honest!
Hope you manage to borrow stuff for now, try charity shops and Freecycle.

happypoobum · 26/08/2016 17:22

OK, you need to be really quite assertive here and make it very clear that you will be making a full claim against either sols or vendor for the amount you are out of pocket.

If you state your intentions then your sols are more likely to make an effort to resolve it. If they think you might go away after a few phone calls/emails then they won't bother tbh.

Dogolphin · 26/08/2016 17:50

I would rather have compensation money than old furniture and choose my own! I recommend Facebay, you can get some really nice bargains. Good luck!

Porg · 26/08/2016 18:02

The fixtures and fittings form should be annexed to the contract, although not all solicitors seem to bother (I do). Ask your solicitor for a copy of the full contract to see what it says. If your solicitor didn't send you a copy of the updated form you might be able to claim negligence. It would be quicker, easier and cheaper to get your money back from the solicitors indemnity insurance than it would to go after the seller.

Your solicitor should be dealing with this but they are likely to try to blag you into dropping it.

Original poster
FilmaWlintstone · 26/08/2016 18:20

He didn't offer it - the estate agent mentioned he was moving in with a partner and had mentioned he would be happy to 'leave some bits'

I listed all the furniture I wanted as part of the offer. It was a cheeky punt on my part being a FTB but was accepted on the basis I paid full asking price

OP posts:
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