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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

They took the white goods

95 replies

ExchangedCat · 25/10/2019 14:28

We finally completed today (yay!) but some of the inventory items are missing.

Primarily we're annoyed about the white goods because we'd have brought our old ones with us if they hadn't said they were leaving them.

Their solicitor says they ticked 'included' in error, but my view is that it's a binding contract and if you say you're leaving working white goods then you flippin' well leave said working white goods? AIBU?

Anyone else have experience of this and what to do about it?

OP posts:
timshelthechoice · 25/10/2019 14:55

What the others said. Your solicitor needs to step up. We had this once, it was only the washing machine. They had to pay us for a new one, full price as well.

EL8888 · 25/10/2019 14:55

Hmm course they ticked the box in error and took them to the tip! Your solicitor needs to pull their finger out and start negotiating how much money the sellers give you as compensation

JacquesHammer · 25/10/2019 14:55

When their solicitor sent the contract to them to sign, there should have been a copy of the Fixtures and Fittings form attached to the contract. They should have been advised to “closely check to ensure still correct” before signing and returning, so “ticked in error” doesn’t cut it.

You’re entitled to the goods as part of the purchase price. If they can’t return the ones they removed, then they need to pay for a replacement.

AryaStarkWolf · 25/10/2019 15:00

They claim the goods were very poor condition so not worth leaving.

If they weren't worth leaving then why were they worth taking?

MsPavlichenko · 25/10/2019 15:01

If they really were done then so much easier to leave behind than the hassle of going to the tip. Yanbu.

andyoldlabour · 25/10/2019 15:02

Box ticked - they have have kept/disposed of the goods, so that is a clear breech of the items to be left on completion part of the contract.
Back to your solicitor ASAP, and if there are any extra costs, they can pay those as well.
As a matter of interest, how did you get to talk with their solicitor, because with conveyancing it should be the two solicitors speaking to each other and their respective clients.

SunburstsOrMarbleHalls · 25/10/2019 15:02

Yeah this really doesent add up, if they ticked the box in error then why would they inconvenience themselves by taking them to the tip if they didnt want them anymore?

kjhkj · 25/10/2019 15:03

Id put money on the fact that when they realise you won't let it drop they suddenly "find" them.

EL8888 · 25/10/2019 15:04

@kjhkj yeah that wouldn’t surprise me

wibdib · 25/10/2019 15:04

I think they should expect to pay for reasonable ones and a decent price because they can’t buy any old second hand ones that they don’t know the history of - it’s different from taking the second had onesthat were in situ. But. Additionally it’s an added unnecessary expense at a time that you are usually at your most stretched with the costs of moving - if you have arranged to keep the white goods then you do not expect to have to fork out hundreds for new versions but not shoukd you suffer with cheap ones. New cheap is not the same as old used good quality so you shouldn’t suffer.

Bet they might suddenly discover that ‘uncle tom’ who was taking themto the top for you didn’t do it as quickly as he promised and will return them (albeit now bashed and withou the benefit of not having been disturbed.

Original poster
ExchangedCat · 25/10/2019 15:05

@andyoldlabour our solicitor forwarded our question to their solicitor then forwarded their answer back.

Waiting to hear back from our solicitor about how to get reimbursed.

If they weren't worth leaving then why were they worth taking?
An excellent question which I will probably have to use soon

OP posts:
nespressowoo · 25/10/2019 15:05

Bastards. I would do as PP have said and price some up. CFs

Genevieva · 25/10/2019 15:07

This happened to us, except it wasn't the previous owners who took them. Our house is very old and, after exchange but before completion, the estate agent lent the keys out to various locals to have a sneaky peek. Some of them helped themselves. We never found out who and decided it wasn't worth making a fuss, but it was annoying.

Fluffycloudland77 · 25/10/2019 15:10

No one takes white goods to the tip, you e them on the drive for the tatters to collect.

Topseyt · 25/10/2019 15:11

I would go for the financial settlement. They took the goods after having agreed to leave them for you. Therefore, you are entirely reasonable to press them for replacements.

I see you are pricing up replacements now. Just go for sensibly priced but good makes and that should be fine.

ProfessorSlocombe · 25/10/2019 15:12

You can ask for them to replace or financially compensate you, but you can't expect betterment. They're not liable for the cost of new replacements, only for the value of the ones that should have been left. That might be very little.

The OP can't demand new ones. But at the same time if that's the only way the vendors can discharge their obligations, then ... tough luck. The OP has the right to be put back into the position they would be in had the vendors not breached the contract.

Part of the problem the vendors have made for themselves is effectively destroying the items in question, meaning they're a hostage to fortune about any valuations.

SmileCheese · 25/10/2019 15:13

We never found out who and decided it wasn't worth making a fuss

Why on earth didn't you make a fuss? Shock

SmileCheese · 25/10/2019 15:16

The OP has the right to be put back into the position they would be in had the vendors not breached the contract.

This ^ Which is very eloquently written. Its not fair t leave the OP out of pocket. If they had said they were taking them she would have brought her old ones with her. However, since they agreed to leave them then surely it should be up to the sellers to foot the bill of replacing them rather than shrugging their shoulders and leaving her with £20, because they were old, and an unexpected expense.

Hereward1332 · 25/10/2019 15:21

The OP has the right to be put back into the position they would be in had the vendors not breached the contract.

Yes. The position would be owning second hand white goods of unknown provenance and utility with no warranty. Realistically, this would be to the value of a couple of hundred quid. The betterment issue is that there would be no obligation to purchase new goods or give any guarantee as to their quality.

BlouseAndSkirt · 25/10/2019 15:21

My last vendor said the washing machine was a year old, and asked for a sum towards it.
When it broke down I discovered that it was a model discontinued over 6 years ago.

Go after them, ExchangedCat!

Techway · 25/10/2019 15:23

What goods did they take?

Any photos on property details so you can verify? Might be worth taking photos now to prove they are missing.

ChardonnaysDistantCousin · 25/10/2019 15:24

Oh sorry, I’m the only vote YABU and I ticked it by mustang.

You are definitely NBU, OP, a contract is binding.

Original poster
ExchangedCat · 25/10/2019 15:25

@Genevieva that's horrendous Halloween Shock

OP posts:
sundowners · 25/10/2019 15:26

I've had similar in that ours were included, but when we arrived the fridge was broken. Exchange between solicitors lead to them sending us money for exactly the same fridge (its a huge integrated bridge) so we could purchase exactly the same, brand new one.

So guessing they owe you the funds for equivalent/same models so you can replace.

Original poster
ExchangedCat · 25/10/2019 15:33

@Techway we have photos and the seller has emailed to apologise which I've sent on to our solicitor.

We won't be choosing anything more expensive than we would if we were replacing for ourselves - we don't have big budgets and so hopefully it wouldn't be too much for most people. Usually we'd look for the best deal and that's what I'm doing now.

OP posts: