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Original poster

Moving house... seller taking summer house

60 replies

Charrrb · 17/02/2021 22:29

Hi, I’m hoping to get as many opinions possible. Myself and my partner put an offer in on a house last November. The house was absolutely perfect for us. One thing that stood out hugely was the garden. It was spacious, had decking and a summer house that had been created into a bar! The sellers invited us to look round this summer house at the viewing and with the electric fire coupled with a gin bar, it was perfect! Fast forward 2 months and on the completion of the property forms, low and behold, the summer house was stated as ‘not included in the sale’ and the seller would be taking this with them. We were gutted but also, this was never included in the sale brochure and although the seller has said at the viewing that this was ‘highly likely to stay due to them down-sizing’ we didn’t really have a leg to stand on. Fast forward another month and we discover that when the summer house will be removed from the garden, this will leave a large concreted base that doesn’t match the patio of the rest of the garden. We feel a little cheated, as this isn’t the garden we saw when we viewed the house and put the offer down on. Would anyone agree it would be fair to ask the owner to rectify the huge whole that is going to be in the garden by either putting down patio that matches the rest of the garden? I don’t want to be picky but also we were looking at houses that needed as little work as possible initially and this just isn’t something we want to be forking out for! Any advice appreciated!

OP posts:

emma123456 · 18/02/2021 18:09

We’ve just had this too. No mention of summer house being an added extra but it’s been offered for £6k on the fixtures and fitting list. I reckon we will just ask them to take it but ensure electrics etc are left in a safe state. Like you I feel duped. Never occurred to me that it wouldn’t be part of the sale. It was inc in brochure etc

Clymene · 18/02/2021 18:15

If it wasn't on the property forms, why on earth did you wait another month before discussing it?

You knew they were taking it then and you didn't do anything.

Original poster

Charrrb · 18/02/2021 18:43

@Clymene

If it wasn't on the property forms, why on earth did you wait another month before discussing it?

You knew they were taking it then and you didn't do anything.

We had accepted the fact that they were taking it. It only became a problem when we were informed that once removed, the area underneath would be a solid concrete base and not the match patio as we expected

OP posts:

Fleurty · 18/02/2021 19:00

@donquixotedelamancha

Was the summer house listed on the advert or in the photos?

If so I'd reduce my offer by 15k (they are very expensive) and make clear to the estate agent that if that isn't accepted and you pull out you'll be seeking any fees you paid out because the property was falsely advertised.

Don't mention the 'highly likely to stay' bit because that's a clear warning it wasn't included and completely undermines your case. Keep it vague: you were given the impression it was part of the sale- it's a fixture of the property.

Don't get acrimonious and lose the house (unless it's that important)- this is just negotiation. It's quite possible they have no real intention to move it and just want the cash.

It doesn't matter if it was shown in the photos. I'm sure the vendors sofa was included in the photos but you wouldn't expect them to throw those in too.

OP if the offer you made was conditional on the summer house being left you needed to state that when you made the offer. You can approach them know but they're under no obligation to either leave the summer house or accept a reduced offer. Your best bet may be to see how much a new one costs and then offer to buy the existing summer house from them for a price which is relative to its age and condition. They might take a reduced offer rather than having the hassle of taking it down and putting it back up again.

HumourReplacementTherapy · 18/02/2021 19:40

Can you clarify what do you mean by this? Fast forward 2 months and on the completion of the property forms, low and behold, the summer house was stated as ‘not included in the sale’
You should have known way ahead of this shouldn't you?
Were they stalling on completing it?
We completed our sellers pack Re what was included/excluded from sale within a week of accepting the offer on it.
Aside from that, a lesson learned. I honestly would expect it to be included and I'm surprised it isn't.
I think they probably want to offer you cash for it. It'll be a right old faff taking it down and difficult to re erect.

Clymene · 18/02/2021 20:18

Outside buildings need to be built on a concrete base. I ding know what a match patio is but I think it's unrealistic to think they could move a summer house and it not to be visible in the garden.

HelloThereMeHearties · 18/02/2021 20:33

This is bizarre. You actually expected them to lay a new patio for you?!

Bluntness100 · 18/02/2021 20:41

I think you can say you want a reduction as you thought thr price included it. I’m not sure it will fly though,

I don’t think you can ask them to have a patio laid for you.

SheWouldNever · 18/02/2021 20:44

Concrete base will be useful if you plan to erect another summer house, shed, cabin, or any sort of outbuilding. I believe they all need a concrete base rather than patio.

donquixotedelamancha · 18/02/2021 20:48

It doesn't matter if it was shown in the photos. I'm sure the vendors sofa was included in the photos but you wouldn't expect them to throw those in too.

No, I would not assume fittings were included. I would certainly expect large fixtures like a building to be included unless they were stated not to be on the property listing. My reason for assuming that is because that's the distinction in law.

I think it's reasonable to argue that not making clear that such a large fixture will be removed (until after OP has spent money on the purchase) is deception, for which the EA can be held both criminally and civilly responsible. They will know this because ensuring accurate descriptions one of the few things EAs really must do in law.

Why do you think I am mistaken?

DoubleTweenQueen · 18/02/2021 21:06

Not surprising really, but a bit off it wasn't clear early on - perhaps their decision was based on how strong an offer they received? Flag it and discuss, but I would see a summer house like a greenhouse, which are quite pricey and useful, and moveable. Not a given it might not go with the owners, unless discussed explicitly beforehand/on negotiations

A concrete base is very useful if you want a shed/summerhouse/greenhouse. Not the end of the world. Some people take specimen plants when they move.

senua · 18/02/2021 21:14

I would worry what damage they will cause in the garden as they take the summerhouse out.

DoubleTweenQueen · 18/02/2021 21:17

Ah - so you weren't aware that it would be on a concrete base? I'm afraid that's your naivety about garden buildings, and not reasonable to ask the vendors to replace it with a matching patio, by any stretch.

Clymene · 18/02/2021 21:29

@donquixotedelamancha

It doesn't matter if it was shown in the photos. I'm sure the vendors sofa was included in the photos but you wouldn't expect them to throw those in too.

Why do you think I am mistaken?

From the OP:

'on the completion of the property forms, the summer house was stated as ‘not included in the sale’ and the seller would be taking this with them. We were gutted but also, this was never included in the sale brochure'

It wasn't in the sake brochure, it wasn't listed in the property forms.

The OP assumed but she was incorrect

RestingPandaFace · 18/02/2021 21:40

Have you asked them to sell it to you? They might be open to an offer?

GinaJaffacake · 18/02/2021 21:50

All garden buildings like this must be erected on a concrete base. When we bought our house it had patio just outside the doors and another section of patio at the back. We wanted to erect a home office for DH so had to rip up the patio slabs and have a concrete base laid in preparation. It seems your mistake was not realising that underneath a structure like this would stand a concrete base.

BalladOfBarryAndFreda · 18/02/2021 21:55

We put a 7x5 metre log cabin in our garden (kitted out as a gym) a couple of years ago. We spent a good amount on it but it would never occur to me to take it with us if we moved!

tara66 · 18/02/2021 21:59

What about garden plants - can seller take those too?

Anatomical · 18/02/2021 22:07

Not much help now I'm afraid but in the future if there is something you particularly want (such as an Aga) make the offer and make sure you state that your offer includes the Aga/summerhouse. Makes it much easier than negotiating at a later date as its on the paperwork from the very beginning. It was an Estate Agent who told me to do this and he said its a common tactic to employ.

RevolutionRadio · 18/02/2021 22:08

@tara66

What about garden plants - can seller take those too?

They can if they want, we had a neighbour who did this. Her drive was covered in plants and her car parked on the road when she moved in.

RuledbyASD · 18/02/2021 22:09

Any update @Charrrb ?

Original poster

Charrrb · 18/02/2021 22:52

No update as of yet but I expect to hear back from the estate agent tomorrow!

OP posts:

SilverBirchWithout · 19/02/2021 00:02

I think your mistake was not mentioning your desire to keep the summer house when you originally made your offer on the property.
To me the conversation from the vendor when they said about possibly leaving the summer house was an opening that the may consider leaving it with some negotiation.
Far too late to do anything now. Surely you considered what was under it once it was removed?

cabbageking · 19/02/2021 01:03

If the cabin was perfect then leaving the concrete base is better for any replacement. You have seen what was being taken and left and agreed this. Any questions should have been raised when you realised the cabin was not included. The offer was placed in November and gave you plenty of time to send your questions to the solicitor. You are being picky.

mumsy27 · 19/02/2021 03:20

you wouldn't expect seller to take such a fixed feature, we are not talking plants, garden furniture.
in this case you ask the seller if the Victorian bathtub is staying, kitchen, log burner, swapping expensive items with cheap one!!

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