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More awkwardness from vendor- the saga continues!

11 replies

DreamingAlice · 25/10/2013 08:42

I'm back for an update and some more advice! Sorry, it's a bit long.

Before we moved, I posted here: www.mumsnet.com/Talk/property/1848527-Awkward-proposal-from-vendor-WWYD?pg=1 about an issue we were having with our seller. In short, he wanted paid for any heating oil left in the tank on the entry day. My solicitor basically advised that if the oil hadn't been included in the missives (this is Scotland) then they couldn't expect paid. However I was planning to give them a reasonable amount for it, since that seemed fair but I wanted to wait until we were in.

But when we arrived we found they had taken a bunch of stuff which we think should have been included in the sale. For example- they unscrewed the post box from the fence, leaving a big mark where it had been (and no way for us to receive any post, as the door has no letter box). They unscrewed and took down the laundry clothing ceiling pulley thing. They took the whirligig from the garden, leaving a big hole in the ground. And they took the washing machine.

Our understanding is all these things were supposed to be included, according to the standard conditions of the sale, which were used.

They also revealed they had "lost the key" to the locks for both upstairs bedroom windows. We had to replace these immediately as it was a major hazard- the way the windows are built means my two year old child could otherwise climb up onto the window ledge, open the window and fall out of the top of the house. So the day after we moved in we had to make a two hour round trip to the nearest hardware store to get new locks, which then took my husband more time to replace.

There were other issues too but I won't bore you with the endless detail. Suffice to say, other things were broken/not working.

I had our solicitors send a letter setting all this out and there has been a bit of to-ing and for-ing. Long story short, the sellers are basically saying that they don't agree the washing machine was included- and they are saying we still owe them money for the heating oil (and for the canisters with the gas for the cooker).

In our view, if you tot up all the stuff they took/required fixing then we're just about even. But it means getting into a tedious debate about whether the washing machine should have or should have not been included. I'd now have to start paying our solicitor now to do any further work on our behalf, which would cost more than whatever might be owed. I'd be inclined to just pay them something to make it go away but DH is incensed and I am not all that happy about it myelf.

What to do?

OP posts:
OneStepCloser · 25/10/2013 09:05

No, dont bloody pay them cheeky gits. They want money from you for the oil? but have taken everything even if it was screwed down? Pah, I shouldnt imagine theyll take this anywhere, let them do the chasing and I bet they wont. (disclaimer, legally i dont know so cant advise but Im with your dh Smile)

Poor you, my blood just boiled for you reading this. Both us and the sellers have filled out forms agreeing to exactly what we are leaving, down to whirly gigs, light fittings, cutains, everything. Isnt that standard so you dont get this?

Pancakeflipper · 25/10/2013 09:09

Do not pay. You have moved in. End of. They are a pain in the ass. Concentrate on you and you family in the house, make it your home and cut off communications with MrStingyarse. Tell the solicitor bye bye.

rubyrubyruby · 25/10/2013 09:32

This reply has been deleted

Message withdrawn at poster's request.

DreamingAlice · 25/10/2013 09:33

OneStep- we are in Scotland so there isn't a form. However the contract of sale was subject to certain standard terms and conditions, and one of those conditions clearly states that the washing machine would be an item included in the sale. They didn't ask for it to be excluded.

It would have probably helped if all this had been spelled out more explicitly in the offer as well- but then, they didn't state during the negotiations they wanted paid for the oil either, they only raised it once we had concluded missives (the equivalent of exchanged).

The thing is, I think they will do the chasing- that's how they are- and even if they don't, if I ignore them it is also going to be very uncomfortable when we bump into them in the tiny village where we both now live, as we will inevitably do.

OP posts:
OneStepCloser · 25/10/2013 09:42

DreamingAlice It really doesnt sound as though they have a leg to stand on, I know you feel that it might be uncomfortable to bump into them but I would just hold my head high tbh, they sound like tightfisted nightmares, if they were like this with you then I`m sure they are with others so they probably have a reputation! If it worries you that much then I would come to an agreement with them, but it sounds as though they are trying it on.

If they chase, then you`ll have to engage a solicitor but I wouldnt worry until (probably never) that happens.

Nasty people, taking away your shine on your new house Sad

ercoldesk · 25/10/2013 09:44

How horrible for you. I'd suggest if you can, saying that your really sorry their solicitor let them down by not explaining the missives fully to them, but you are glad that since they took so much stuff which had been included in the price that you offered and they agreed to, and they caused damage to the house, that at least you are all balanced out with the oil in the tank.

Obviously I have no idea how much oil is in the tank, but even if it is £400 or £500 quids worth, you could easily be spending that on a washing machine, never mind the other nonsense.

Stand firm, and make it really really clear that their issue is with their solicitor, and their solicitor not explaining a) what missives are (ie a binding contract), and b) what they had agreed to in those missives.

My blood is also boiling for you. Brew because it is a little early for Wine

H2OWoe · 25/10/2013 12:25

I'm so sorry to hear about the trials you've had with this cretin. I think the quickest and best thing for you is to not pay anyone another penny, buy yourself a beautiful new washing machine which will be under warranty and unsullied by their horrible clothes (I bet their machine smelt of mould!) and enjoy your new home. Oh and you can easy get another letterbox which will be smart and lovely and your choice! Never think about the vendor again other than to know the hideous bow wave of negative karma will soon crash upon his life. He's a wanker and you'll never have to deal with him again - hurrah!

Littleredsquirrel · 25/10/2013 12:35

Our vendors took every last drop of oil from the tank. Not great given that it was snowing when we moved in. if your vendors wanted to do that then they should have paid to have it taken out before they left. They left it, it is too late. You have no obligation to pay them for it.

If the washing machine was included on the form then it belongs to you. But personally I would work in the basis that oil is expensive and you're probably about even given that you weren't expecting the oil to be left. Anything not listed on the form was theirs to take, right down to each lightbulb if they really wanted to.

Send a letter saying that the washing machine was included but that you will agree not to pursue them for it. State very clearly that anything left at the property was part of the sale (and then be prepared for them to come along and pump it out in the middle of the night!)

Retroformica · 25/10/2013 13:22

I probably wouldn't pay and not respond to any contact. It maybe awkward in the village but it will pass. I bet every one knows what buggers they are!

Or pay the minimum for a peaceful life.

Retroformica · 25/10/2013 13:26

I wouldn't pay money to the solicitors to pursue he case. Draw a line under it.

PigletJohn · 25/10/2013 13:30

Don't send them a letter. They might use it as evidence of something or other.

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