Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
BrightYellowDaffodil · 25/11/2020 17:20

I hear you on how stressful house buying is Flowers

However, no matter how nice the chair is, it's not worth all this stress and it's not worth - possibly - risking the whole transaction. No it's not fair, it's not right and you shouldn't have to buy another chair but... buy another chair Honestly, it's not worth pegging this as the hill you want to die on.

user1487194234 · 25/11/2020 17:22

I find it extremely strange that you have not seen a full copy of the Missives
I would ask your solicitor to send you that immediately

Nicknacky · 25/11/2020 17:22

CheetasinFijitas Missives are letters exchanged between solicitors, I don’t think the buyers/sellers see them although someone else might be able to confirm.

NoSquirrels · 25/11/2020 17:24

OP, ignore me. No wish to add to your stress levels! Just get it all concluded now the solicitor is (finally) on the case, chair or no chair, and then regroup when you're in.

You really wanted a home - the sofa and chair would've been an added bonus but not worth getting hung up on.

user1487194234 · 25/11/2020 17:25

Lots of missives aren't being concluded until the very last minute at the moment

user1487194234 · 25/11/2020 17:27

I can confirm that while the missive letters are not signed by the purchaser (or the seller ) it would be extremely unusual for them not to see them

Nicknacky · 25/11/2020 17:27

user Because of covid? I can’t see how that would make a difference.

How do you know that?

user1487194234 · 25/11/2020 17:34

Mainly because of delays with mortgages

Craiglang · 25/11/2020 17:34

We had a similar issue. Seller was to leave all curtains, etc, as per usual in Scotland. They were made specifically for the unusual sized windows. The day we moved in we realised she had taken them with her, along with something else that I'm failing to remember.

Our, also useless, solicitor said we could ask her to return them and if she didn't, we could sue, but it would cost us more to sue her than the price of the ridiculous curtains. It was incredibly frustrating. He also called me "young lady" a lot, so that was another reason to never use his services again. She of course refused to return them, pretended she didn't understand what we were talking about. If we'd found out before the entry date I'd have reduced our offer per the estimated price of replacing them.

littlemissdirectional · 25/11/2020 17:38

OP, I'm in Scotland. Are you saying that when your solicitor submitted the official offer, to her solicitor, that he included the sofa being left as part of the offer? If this is the case and the seller accepted your offer with that condition then contractually she must leave it, However, if she is refusing, your only options are to withdraw from the sale and sue her for breach of contract or submit a new offer reducing the offer price and removing the sofa from the offer However your solicitor really should contact her solicitor and have this conversation. Are you sure your solicitor did include the sofa remaining as part of your offer?

PrivateD00r · 25/11/2020 17:42

I feel we need more context here, what exactly were you told about furniture and where? Do you have it in writing? Are you sure you didn't misunderstand?

Why did you receive this email out of the blue about furniture?

Why are you close to a breakdown over a chair, given the value of the house is a chair really that big of a deal?

It is so hard to say with such little info.

I had a buyer pull something like this at the last minute, the day before exchange, he stated he would only continue with the sale if we left him ALL of our furniture!!! It was horrendous but I had no choice as I didn't want to lose my dream house, so gave in. It still bugs me now years later. Are you sure it doesn't look to your seller that you are doing exactly the same thing?

user1487194234 · 25/11/2020 17:44

I think the OP has said that the estate agents told her the chair was not included in the offer
OP did you not see a copy of the offer

whitetilesmurf · 25/11/2020 17:47

@Rae34

I am in Scotland.
If you included the furniture within the offer then it should form part of the missives. Are missives concluded? This is important.
Nicknacky · 25/11/2020 17:51

whitetilesmurf Missives are concluded.

whitetilesmurf · 25/11/2020 17:53

@Nicknacky

whitetilesmurf Missives are concluded.
She just said sorted. That doesn’t mean concluded to me so I wanted to check.

If the items are listed in the offer and the sellers solicitor has deleted the clause then yes, those items should be left on Friday.

You should away receive a copy of the missives from your solicitor so

Offer
Standard Clauses
Qualified acceptances back and forth
Concluding letter

Nicknacky · 25/11/2020 17:54

whitetilesmurf Good point, I took sorted to mean concluded.

2bazookas · 25/11/2020 18:00

@NailsNeedDoing

If the solicitor is that shit, then it’s likely that the vendor never agreed to those pieces of furniture being included in the sale and the solicitor didn’t bother to tell you until you feel like it’s too late.

Tbf, the vendor isn’t obliged to leave you their own stuff that they want to keep so it sounds like there’s been a miscommunication somewhere.

In Scotland, IME is would be extraordinary and exceptional if OP's solicitor had not sent her a copy of the missives to read, and approve or suggest amendments. Long before this late date.

However, I can't help noticing that careful reading is not OP's superpower.

user1487194234 · 25/11/2020 18:03

However, if she is refusing, your only options are to withdraw from the sale and sue her for breach of contract or submit a new offer reducing the offer price and removing the sofa from the offer
If the missives are concluded then neither of these options are open to the OP
in my opinion even if the chair was included in the offer
OP are you getting a mortgage and if so have you signed the security

thecatsthecats · 25/11/2020 18:12

I must say OP, I do find it's making me sweat read your very brief replies and self-admitted lack of knowledge of the process. It's fine to lack experience but I strongly advise that you make use of the plentiful information on the internet about house buying.

Yes, your solicitor sounds crap, but if your communication is as brief as on this thread I can see where things could have gone wrong.

(I'm a firm believer that we all have a responsibility for our own lives and I just couldn't get myself into the position where I hadn't seen the paperwork for the biggest purchase of my life two days before...)

Ironmanrocks · 25/11/2020 18:12

I haven't read the full thread, but we moved a long way away and sold our nicely done up house with lots of the furniture, as it was to a first time buyer. We would have had to transport it across the country and then store it for 6 months - it suited us all. I didn't think it was unusual...

Ironmanrocks · 25/11/2020 18:13

PS Yes you can say No, OR get a reduction in the price for the value of said items.

PrawnofthePatriarchy · 25/11/2020 18:18

This happened to me but I didn't get any warning. We arrived on moving day to find that all the furniture included in our contract had gone. There was nothing we could do - we couldn't afford to sue. It was infuriating, especially as the rooms were very unusual in shapes so finding substitutes was hard - and impossible on our tiny budget.

You've been given warning so get in and object vigorously.

TheCrowsHaveEyes · 25/11/2020 18:22

OP wanting the furniture included, doesn't mean it was included especially since OP doesn't seem to have read the missives, the offer or the terms. Conveyancing solicitors are always snowed under and as a PP said, mortgages are slowing everything down atm especially for first-time buyers.
It seems likely that the furniture wasn't included in the offer and the seller doesn't want to leave it. It's much more usual not to leave furniture so since OP wasn't on top of the solicitor they probably went with a standard offer template, assumed OP meant fixtures and fittings rather than furniture and it's only now, 2 days before, that OP has asked the question about the chair.

Changi · 25/11/2020 18:23

I didn't think it was unusual...

I don't think it is. I did the same when I sold up after getting married. Again, to a first time buyer who had no stuff of their own. It suited me. I did take a couple of antique pieces, but that was agreed beforehand.

oakleaffy · 25/11/2020 18:24

@Rae34

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.
I hope you get to keep the sofa...For all we know, it might be a fine Antique Knowle Sofa or Chesterfield.

Having somewhere to sit is quite important.

Good luck!