They took the white goods

[ExchangedCat]

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?

Oh Lord, I seem unable to type today.

Some people really are wankers when selling a house.

First house I ever owned was being sold after a marriage break down, the ex wife smashed a window so that was nice for me to arrive too, she also left the back door wide open and had stolen the sofa I had sodding well paid the ex husband for in the contract. Like I get she didn’t want to move but I didn’t end the marriage ffs (the ex husband gave me the money for the window repair and sofa, no problem but it was an inconvenience still)

Of course saying they ticked a box by mistake isn’t good enough, it’s a legal contract

At least they didn't take the light bulbs. That's what happened to DH before I met him.

It all depends how much is involved and the costs involved pursuing them and most importantly my time.

I would suggest a monetary solution on their behalf for a speedy resolution.

^^Really tough to resolve this, no matter what the legal position is, it’s expensive to enforce.

Ordinarily yes. However this is part of a bigger transaction (the house purchase) and the OP is paying a solicitor to act on their behalf. If this results in extra work (i.e. costs) from the OPs solicitor, they can be claimed back from the vendor.^^

Property Lawyer here, unfortunately although it is a breach of Contract it’s unlikely to be resolved. Your solicitor could ask that they be returned and hope that they are. Otherwise you would have to sue them for breach of contract which would take an age and be very expensive (which would outweigh the cost of the used white goods!)

Unfortunately, unless you are dealing with decent vendors who have a conscience it’s better to just move on and chalk it up as one of those things.

I can't speak for them all, SmileCheese, but our tip keeps all white goods aside and sells them to recyclers/repairers/for spares. I'm not sure what's to stop the vendors claiming they retrieved the stuff from the tip, while in fact replacing them with scrap items sourced elsewhere?

Granted that's a bit convoluted, but if they're dishonest enough to have done this in the first place ...

Dollypompoms I remember a middle class nightmare type article in the tines about redundant bankers in 2008 financial crash being forced to sell the house, take the children out of private school etc. Obviously the vipers were swooping in with low offers so it detailed taking revenge on them by ripping out the aga and taking it with you 😭

They should have left them but you'd have to be a dimwit to expect goods at the price of John Lewis.
Have a look at the out of town electrical goods shops like Currys.
It should be like for like replacement, so my dsis solicitor advised when it happened to her.
She didn't get John lewis prices

Otherwise you would have to sue them for breach of contract which would take an age and be very expensive

DollyPomPoms Why would it be expensive? If OP instructed their solicitor to pursue the whole process, sure, but wouldn't any conveyancer at least try to chase the issue and then it would just be down to OP to file with the county court small claims?

When we once moved the seller said the fridge freezer was included in the sale but failed to mention it couldn’t be turned on without tripping the electric. A large crack on the hob was also concealed with a pan being placed on top of it during viewings. The door to the garage was left locked with no key left behind, and when we arrived many hours after the sale had completed the seller was only just reversing off the drive. So presumably had kept some keys to the house and had still been emptying it until moments before we arrived.

We got caught up in a divorce, the wife wanted us to pay for a very small area of vinyl in the kitchen we refused. When we got there, she had ripped it up in pieces and dumped what she could get up in the garden, also removed every light bulb. It was petty but maybe made her feel better.

ripping out the aga and taking it with you

That’s really not practical. My mother had her Raeburn removed and it was one hell of a job.

They should have left them but you'd have to be a dimwit to expect goods at the price of John Lewis.

You do know that John Lewis price match so Curry’s won’t be any cheaper.

Another divorce case a woman I know got men in to rip out the designer kitchen, bathrooms even some wood panelling, it was all left on the front lawn.

Pursue your money hope you had better luck than we did.

My friend did this as the seller and couldn't understand why the buyers were upset . In the end she begrudgingly sent a cheque

You do know that John Lewis price match so Curry’s won’t be any cheaper.

They don't. If you buy an item that you then find cheaper and submit a claim then they might give you a refund after purchase but they don't price match the prices on their site automatically. And as John Lewis often offer an extended warrantee that isn't a direct match etc etc

Property Lawyer here, unfortunately although it is a breach of Contract it’s unlikely to be resolved. Your solicitor could ask that they be returned and hope that they are. Otherwise you would have to sue them for breach of contract which would take an age and be very expensive (which would outweigh the cost of the used white goods!)

Even if the OPs solicitor is a shit one, the OP can simply determine a figure, drop a LBA to the vendors via their solicitor, and either cash the returned cheque, or lodge a MCO for the amount, which I would imagine is well within the small claims limit.

There's no question of the vendors being in the right - the only issue is the value of the claim. If it's realistic, it'll be awarded.

From then on the OP can just instruct bailiffs, since they know for a fact the vendors have a property and possessions which can be seized, if it goes that way.

There is an initial outlay which could escalate if bailiffs are used, but it's all recoverable.

Completely different to trying to chase a tradesman of no. fixed. abode. with no. assets.

It is quite odd as if the white goods are old it is much easier to leave them in the house than try to get rid of them. I was happy that my buyers wanted my old chest freezer which would have been difficult to get out of the house and expensive to pay someone to take.

^DollyPomPoms Why would it be expensive? OP instructed their solicitor to pursue the whole process, sure, but wouldn't any conveyancer at least try to chase the issue and then it would just be down to OP to file with the county court small claims?^

Because a Conveyancer isn’t a litigation solicitor. We would send an initial letter and hope for a favourable response but that would be all we would do. You would have to instruct a litigator to move forward.

wouldn't any conveyancer at least try to chase the issue and then it would just be down to OP to file with the county court small claims?

Let's not forget that many solicitors do cheap, fixed price conveyancing now - no doubt because of the competition from "conveyancing firms" offering the same

Given that it works out at much less than their usual hourly rate, I somehow can't see them wanting to do more than they can help

They don't. If you buy an item that you then find cheaper and submit a claim then they might give you a refund after purchase but they don't price match the prices on their site automatically. And as John Lewis often offer an extended warrantee that isn't a direct match etc etc

I’ve clearly imagined all the times that I’ve got them to price match then.
No they don’t do it automatically but you ask them to do it.
They also do it retrospectively.