Changing their mind in a house purchase?

[housebuyer101]

Sorry shamelessly posting for traffic.

DP and I just got an offer accepted on a house.
We agreed on the very end of their guide price. It had been on the market for a while and they had been trying to sell it for over a year on and off but didn't manage - because it was overpriced.

In the listing it states appliances in the kitchen. The estate agent told us this was included hence why it is listed.
I called just to clarify and the seller is now saying "give us an offer" for the cooker which I don't even want I was just checking. They built their kitchen with the specific sizing of this cooker which retails for £1500 and if it was left, great. If not, fine.

However I'm a bit irritated that they can advertise it as included and mislead us. What can we do?

Tell them you don't want to pay extra for it as you thought it was included and your offer was made on that basis.

Then leave it to them to decide what they want to do. They will either decide it's not worth the hassle of moving it so include it. Or they will take it with them which you say is fine with you.

As a first step, respond in writing by saying ‘this was listed as included in the particulars. Was the listing or wrong or are the present owners mistaken in asking us to negotiate separately for the kitchen appliances?’

See what the response is. You might find they drop it. But make sure you have a paper trail. People are scared of paper.

If it is specifically listed in the property details it should be included, otherwise it should be ‘space for range cooker’ or similar wording. Your solicitor should be able to advise.

Hmm, difficult. Are you first time buyers? If you are then I think you hold more power here because if they lose you then their house could be on the market for ages again and they may have to drop the price. I’d be tempted to be brave and say you’re not offering anything and say you’re walking in 48 hours unless they agree to leave it. There’s always other houses.

As Lady says! Our seller tried to leave his cooker behind, asked us for £800. Don't know why he thought an academic would find it diffifult to do enough research to find out that the cooker was 10 years old and cost £750 brand new!

And yes, it too was included, so I told him no, we wanted it removed as we had already sourced our own. His solitor tried to argue that as it was included then it was our repsonsibility to have it removed, our solicitor asked for clarification - the seller was knowingly asking for money for an item that was included in the sale price? All went quiet!

Oh, and it was gone when we moved in!

Great - thanks guys. I will email agent this morning!

I do think it's cheeky but additionally scared to lose the house. Not FTB but we sold to FTB so are desirable and they need to move. They are moving 300 miles away

They are moving 300 miles away and don't want to take the cooker … get clarification as to whether it is definitely listed as being included. If so, they cannot suddenly try and charge you for it. If not, tell them you don't want it. It will be extra hassle for them to remove and sell/dump it. I can't believe they are trying this with you: they have struggled to sell for a year and are willing to jeopardise the sale for the price of a second hand cooker!

Also - you say the kitchen was built around the specific sizing of the cooker - I'd be very surprised if their new property just happens to have the exact sizing to fit their precious cooker. If it's not listed as included, decline to buy it. Bet you'll get it anyway.

Just tell them you don't want it.

EAs always caveat listings so you may find it difficult to make a case that the cooker should be included as it was in the listing.

A polite, "we had thought it was included in the sale as it was in the details" will do. They'll either decide to leave it rather than potentially lose the sale over a secondhand cooker or they'll name their price and you can say you can't afford that and they take it with them or sell it elsewhere.

Was this message passed on via the agent? Surely they should have told the vendor they can't randomly charge extra for stuff that's included. What's next? The windows?

Rightmove isn’t a legal document though and will be caveated all over the place.

What matters is the vendors questionnaire that your solicitor should have received from them, is the oven included on there. Rightmove is irrelevant

Don't deal with the estate agent - they are working for the vendor and will have some caveat about the listing being in good faith.

Wait until you get the Fixtures &Fittings list. This is part of the contract and has to be abided by. Either the cooker will be included in the sale, or offered separately, which you can decline. If there are any quibbles about this, or anything else, get your solicitor to deal with it.

Chancers. I reckon they think you haven't noticed it was included.

Similar happened to me. I offered £6k under asking and the sellers came back saying for full asking price they'd include the white goods. Which were integral and listed as included anyway 🤔

You get documents when your are selling that you tick what your are leaving and taking - ie Radiator covers / light fittings / blinds etc... and they will have ticked what they are taking and leaving in the property - ask to see this document

See page 20 of this document. Misleading statements

rtsites.rt-sb.net/Sites/391/Themes/PropertyPortals/BS3/PDF/Consumer%20Protection%20Regulations%202008%202012.pdf

Rightmove has T&C's for the estate agents that are legally binding including what is listed! Hence my reliance on it.

I will wait for F&F list and kick up a stink then

@housebuyer101 that description of the kitchen/breakfast room is more than enough to find the house in about 3 seconds.

If that bothers you, you might want to report yuour own post and have it removed.