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

[Rae34]

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??

Or "See"

Should have been ME!

Oh, buggerit!

I give up.

You win this round, Autocarrot!

@NailsNeedDoing
They became obliged the moment the accepted her offer with the amendment of leaving behind those pieces of furniture. The OP clearly said that her offer has that included in it.

Actually - it sounds as though the furniture IS mentioned the contract, seller has backtracked and tour solicitor is checking you are okay with it before making amendments

Yes that's how I read it, and obviously it's the solicitor's job to chase this, useless or not

Clearly OP can say "no, contract stays as it is", but that doesn't mean the vendor won't just take stuff anyway - then it becomes a question of whether the items are worth the hassle

Have you tried saying "no, not ok as it was included in the offer".

If not then you're getting stressed over nothing. Just say no!

If yes then all you can do it say you want it left and hope it is.

@CaraDuneRedux

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?

I’m sitting on our vendor’s old sofa right now. Our buyer has our old bed (minus the mattress), chest of drawers and wardrobes.

CakeRequired If the missives have been concluded then she can’t back out

You have two problems.

You resound by saying, "no it's not ok, they offered as part of the price and now they are changing the offer at the last minute. What compensation are they prepared to offer for their withdrawn offer?"

Then you also look up the company and cc in partners. Add that you are very disappointed in the service and their reluctance to do their job. Ask p them how they plan to resolve this.

@CakeRequired

Tell her she leaves the chair or you back out of the sale. Her choice

Doesn’t this really depend if the op is willing to loose the house or not over a chair? Or the vender the sale over it.

Yes @WhereverIGoddamnLike well I am a first time buyer.

I've indirectly contacted the seller throguh the agent now to see about a reduction in price so I can buy my own as it was in the original offer. I am not going to walk away from this over a chair though.

It sounds like the seller has had second thoughts on leaving the chair and other things (I can't believe this is over one chair) and has asked your solicitor if you would mind if she takes it.

That's why he said "is it okay?"

Most people want to buy their own furniture for taste reasons or they don't really like second-hand furniture.

Is it an antique? Is it particularly lovely? Are you likely to replace it fairly quickly?

He was assuming you might be open to the idea of them taking the chair and that would resolve the matter quickly.

Actually now I really want to know what kind of chair it is.

I have now been informed by the agent that the chair was never included in the offer. Another error on my solicitor's part.

And to think entry date is in 2 days! Unreal!

Not sure how to describe it, sort of vintage and lovely! Not sure of official style. A bit Chesterfield like

What did you base your understadning on? Do you have the paperwork that includes the chair listed?

You solicitor neds a kick up the bum, once this is all over!

Have you got any emails or texts about the chair ?

If it wasn't in the agreement, why did your solicitor ask if it was ok for them to take the chair?

Hi OP sounds like you've done the sensible thing, get a bit of money back on the items as really they may well just take them anyway.

@Rae34
It could be worse OP. I once read on here that a buyer moved into their new home to find that the vendors had removed the bathroom. They'd taken the toilet, bath, sink... all of it. When contacted they said that they had paid for the new bathroom so they were taking it with them and they had to be told to get it put back.

Sorry missed your latest update. It should surely be listed whether the furniture is included as a schedule to the contract which you should have a copy of. Do not believe anyone's word at this stage as people can be "forgetful" about what was agreed at this time.

Oh. Didnt you check over the oaoerowkr before submitting the offer?

If your solicitor didn't include this request then it's not the seller's fault and no, of course you can't have it.

I'm in Scotland. And yes, we have had similar odd stipulations when buying/selling - one seller insisted we buy the kitchen table - I think it was about £200 they wanted for it. Ridiculous, but not worth screwing up a sale for.

Your recourse, if the seller takes it when it was stipulated in sale conditions, is the small claims court. Not worth the time or hassle.

Maybe double check the paperwork. Your solicitor wouldn't have emailed you about a specific price of furniture being removed unless the vendor asked if they could, and they wouldn't have asked if it hadnt been put in writing at some point.

I havent seen any paperwork yet.

@Rae34

Not sure how to describe it, sort of vintage and lovely! Not sure of official style. A bit Chesterfield like

If I had found such a beautiful chair there is no way I'd be leaving it behind when I moved! Sounds like some kind of misunderstanding. How much do you think it's worth? I can't believe people are advising you to walk away from the sale over a chair!

Do you have any documentation to show the item is included? A verbal agreement isn’t enough. Normally the brochure will mention what’s included in the sale, if your solicitor hasn’t agreed anything? When we bought, in Scotland, part of the sale was the seller was allowed to leave some large items for us to dispose of but it was all in the brochure and agreed with our solicitor.