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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Seller is 'taking' furniture despite my including it in offer letter?

222 replies

Rae34 · 25/11/2020 14:44

I have a worse than useless solicitor who I have spoken to just twice even though my date of entry is in 2 days. Really tearing my hair out here and have had no documents of any kind but anyway.

He has finally contacted me and said 'the seller is taking x pieces of furniture during the move, is that okay?'. This means I will now have nothing at all to sit in in the living room to start - these furniture pieces were included in the offer. What are my legal rights??

OP posts:
AfterSchoolWorry · 25/11/2020 14:46

Tell them NO

ireallyamthewalrus · 25/11/2020 14:47

What country is the property you are buying in?

MatildaonaWaltzer · 25/11/2020 14:47

what offer letter? have you exchanged contracts yet, and if so, were the items of furniture listed in the contract?
If you haven't exchanged, they can do what they want.
If you have exchanged and teh furniture wasn't listed, they can do what they want.
If you have exchanged and the furniture was listed, the price includes the listed items and they should not remove them. Your ability to force them to do so is highly limited though. Order a sofa.

Rae34 · 25/11/2020 14:50

The email said 'the seller is taking x pieces of furniture, is that ok? Once you let me know I can send the contract.'

The entry date is Friday. The statement makes no sense. Why is the solicitor telling me they are taking the furniture and in the same breath saying 'is that ok?'.

Do I have the right to say no or not?

OP posts:
CuriousaboutSamphire · 25/11/2020 14:50

What Matilda said!

If pre exchange you can reduce you offer based on their actions, reflecting the 2nd hand price of the items that were initially listed!

But mostly what Matilda said!

sueelleker · 25/11/2020 14:52

Tell him if he's not leaving the pieces you want some money back, as the price agreed included them.

CaraDuneRedux · 25/11/2020 14:52

What country are you in, OP?

I've never heard of anyone wanting living room furniture in a house sale!

Fixtures and fittings, possibly some white goods... But a sofa? Seriously?

Rae34 · 25/11/2020 14:53

The property is fixed price. Would this still apply?

OP posts:
Rae34 · 25/11/2020 14:53

I am in Scotland.

OP posts:
AWaspOnAWindowReturns · 25/11/2020 14:56

I'm presuming the OP is in Scotland by the way she refers to "date of entry". The process is slightly different to England, I understand the fixtures and fittings are agreed upon at the point the buyer's offer is accepted by the vendor.
So no, OP, tell them it's not ok!

RB68 · 25/11/2020 14:58

of course furniture can be included - if that is what is agreed - it can be listed in a schedule - its just we don't often do that in the UK doesn't mean you cant

WhereverIGoddamnLike · 25/11/2020 15:00

Just tell them no. Remind your solicitor that your offer was agreed with the furniture included in the sale.

Nottherealslimshady · 25/11/2020 15:01

Say "no, its included as part of the sale of the house as per the paperwork. They can buy it off me for £* though"

Saz12 · 25/11/2020 15:03

I’ve never heard of furniture (eg sofa etc) being included in house sale. I’m guessing your solicitor and the vendors assumed the written offer was referring to “fixtures fittings floor coverings, white goods, curtains & blinds” which is pretty standard.
Have you a copy of your written offer? Dig it out and check the wording. If it does clearly state “all furniture” then yes, you can object But it really is unusual for that to be included, I’d expect youre vendors solicitor would’ve highlighted it to the vendor earlier on if it was clear.

I’m in Scotland too.

Changethetoner · 25/11/2020 15:09

In Scotland, and yes I have bought a property with some of the furniture included. The seller was delighted not to have to dispose of some things - and I was delighted to get a sofa, washing machine, fridge. Yes they were a bit old and used, but they meant I had something to sit on, until I got organized and could afford to buy my own stuff.

PirateCatQueen · 25/11/2020 15:10

I’m in Scotland. It’s not ok for them to take furniture if it’s been agreed as part of the offer. They leave furniture or they give you money back. You’re going to have to play hardball a bit if you want a result. I’d say go straight for money off to be honest, in case they say they’ll leave furniture and take it anyway.

strawberrymilkshakemonkey · 25/11/2020 15:11

why would you want them to leave their sofas? this makes no sense. it is normal to move in and have no furniture for a few weeks while you measure up the space/wait for it to be delivered, etc.

SockDrawer · 25/11/2020 15:12

They’re asking if it’s ok, and it isn’t - so just say so!

Rae34 · 25/11/2020 15:12

It is irrelevant what people think about my wanting the sofa. It was in the offer and I am enquiring as to my rights here.

OP posts:
SchadenfreudePersonified · 25/11/2020 15:12

Any furniture which was supposed to be left should be stated in the sales contract.

Check it. If the stuff is mentioned, kick uppitiest stink; if not, still give it a try - you have nothing to lose.

SchadenfreudePersonified · 25/11/2020 15:13

*Kick up stink - not kick uppitiest stink

Though uppitiest sounds goo to me.

Changethetoner · 25/11/2020 15:13

If you are poor, and have scraped the money together to afford the property - but have none spare left for sofas, you are grateful for somebody's old sofa. Trust me. Similar to why people accept their gran's old hoovers and their mum's old bedding. Because not everyone can afford new stuff straight away. In real life.

VinylDetective · 25/11/2020 15:14

Is it in writing? If it is you keep the furniture. If it isn’t you don’t.

unmarkedbythat · 25/11/2020 15:15

@strawberrymilkshakemonkey

why would you want them to leave their sofas? this makes no sense. it is normal to move in and have no furniture for a few weeks while you measure up the space/wait for it to be delivered, etc.
It is also normal to agree to buy some of the furniture with the house. I imagine op wants this so she has something to sit on, which makes plenty of sense.
Kaliorphic · 25/11/2020 15:15

If it's stated that they are leaving the furniture then tell them no. Or deduct the cost.

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