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Original poster

Sellers not removing items - saying it's 'sold as seen'

121 replies

Newusernameaug · 30/08/2023 10:31

I'm a cash buyer, no chain but the sale has been ongoing since April (so the last thing i want to do is delay it further....)

We're very near completetion and so asked to view the house again last weekend to measure a few bits and pieces up.

The house has stood empy for all this time and nothing has moved since we first viewed, so I emailed the sellers via the solictor and asked what items they would be removing as I may be interested in buying some and would the house be cleaned so i can preapre for the move.

The seller has responded 'I have no intentions of entering the property again so I won’t be cleaning it or removing anything. In my opinion it is sold as seen, therefore all the items will be left in for the buyer to keep or remove'

I've only purchased houses twice before - but is this normal for people to just abandon anything that's left for the buyer to clear out?

There are some bits and pieces such as a large wardrobe etc I wouldn't mind, so do I just accept this? However there is also lots of junk left behind! Any thoughts would be welcome.

OP posts:

KievLoverTwo · 30/08/2023 12:15

Urgh, people.

As you are so keen to get the sale done and dusted I would reluctantly agree.

Put aside what you want to keep. Contact a local charity to see if they want any furniture or belongings. Put the rest on your local Facebook Freecycle/giveaway groups. Take any final remaining pieces to the tip in the car after chopping them up with a circular saw.

CountryCob · 30/08/2023 12:17

In our first house they left lots in the loft. I couldn't be bothered making a fuss and didn't know what was normal so said nothing. Some of it was nice and it wasn't a huge loft. We bought another house where I agreed to empty the garage as just wanted the sale to go through. The house had been cleaned though. It sounds like the seller is finding the process difficult, not saying that is ok but at least they are being clear. I think it depends on whether you want the property at the price badly enough with the stuff. Either you 1. ask for a reduction which might upset the apple cart a little but would be reasonable or 2. live with sorting the removal and cleaning situation and keep what you want. I don't think there is much point in trying to make the seller do something they have said they won't do. Not saying their approach is reasonable but I tend to want to make sure I secure the property once happy with the deal and if its something relatively easy to sort like a removal I would consider doing that.

Hunkydory99 · 30/08/2023 13:17

I wouldn’t delay the move by arrange another viewing. Can you use estate agent pictures for quotes and just arrange to keep a portion of funds back to arrange a house clearance?

MonumentalLentil · 30/08/2023 13:24

I acquired some vey nice furniture this way, although I didn't get the entire contents of the house.

Lady had gone into care, the house had been let as bedsits and she had also lived there. When I got the keys the stuff I had seen was still there. I was told to get someone to clear it and would be reimbursed, the clearance people never arrived.

On closer inspection I was left with some nice antiques and a few bits of brown furniture. Still have the good bits.

It might be worth taking a good look at what is being left rather than just skipping it.

Mossstitch · 30/08/2023 13:50

It's supposed to be totally empty unless you have agreed to anything beforehand, however, on the last one I bought (house been empty for years) right on day of completion solicitor said seller had not emptied and we either delayed completion and insisted it was removed or accepted the stuff in the house. The vendor had been difficult all the way along and had obviously planned this, we just accepted it in order to complete and my sons took an ax to the rather large wardrobe that we couldnt get down the stairs (and didn't pretend it was the vendor🪓)

FoodFann · 30/08/2023 13:54

Stick an advert on Facebook marketplace for a house clearance everything free

YukoandHiro · 30/08/2023 13:57

Not normal. Negotiate a discount based on the money you'll have to spend to clear it.

LIZS · 30/08/2023 14:08

Have you exchanged? We had similar with an overseas vendor and pushed back on EA to arrange clearance before completion.

okthenwhat · 30/08/2023 14:14

I'd be unhappy with that if we'd agreed vacant possession. You'll have enough on your hands moving everything in without having to deal with the stuff the seller left behind.

sorrynotathome · 30/08/2023 14:17

Don’t forget to look in the loft!! To be honest I don’t think you have any hard & fast rights here - hopefully a solicitor will be along soon to confirm.

sorrynotathome · 30/08/2023 14:17

Vacant means no people, not no objects.

ehb102 · 30/08/2023 14:20

Beware! It cost me literally thousands to clear my family home,.and it wasn't a hoarding situation, just lifetimes of belongings. Tipping fees were incredible.

CPLawyer · 30/08/2023 14:34

My neighbour left so much junk in her house. She delayed the sale in order to deal with it and still couldn't deal with it in time. The new owners gave up and agreed to dispose of it themselves in the end!

MsMcG · 30/08/2023 15:04

It can be quite pricy to get rid of contents, especially if it's mostly junk. So I'd definitely second your plan to go back and actually consider what is there, and costs for removal. Sold as seen does not apply to their rubbish!

That said, it can pay to be flexible. The house I'm currently in was empty for a while as one owner had died and the other had moved closer to family. The purchase was delayed a bit by me, to get radon tests and also because my buyer was a bit slow. My seller was getting quite stressed out. I knew the house was full of stuff and as it was during lockdown it would be an effort for them to clear it. I also knew there were a few nice things I'd quite like to keep. So I offered that they could leave it all and I'd dispose of it myself, if it helped them out. That chilled the seller out a bit, and ultimately I ended up with some nice furniture, and a full shed of decent tools and a petrol lawnmower. Even a gas BBQ!

Getting rid of the rest was a pain and took time, but I made a few quid out of most of it and charity shopped the rest

identiy102 · 30/08/2023 15:05

minipie · 30/08/2023 10:38

Usually the contract states the house is sold “with vacant possession”. This means they are gone and their stuff is gone except for anything you have agreed to buy.

Assuming you have exchanged, what does the contract say?

If it says vacant possession I would be saying that you will be keeping back a portion of the sale price to cover house clearance. Speak to your solicitor about how/whether you can do this.

No. Vacant possession just refers to no one living in the property.

WhenLifeGivesYouLimes · 30/08/2023 15:08

Namechangedforthis2244 · 30/08/2023 10:45

How much would a skip cost vs how much you would have been willing to pay for the things you want to keep?

If not much different I would just accept what they’re saying, keep what you want, bin anything else, and give the place a really good clean. You’ll probably get back the cost of a cleaner by putting any spare furniture on Facebook market place for cheap.

Yes, this. From what you've said it sounds like a swings and roundabouts situation.

Ap24 · 30/08/2023 15:15

The house we most recently bought was supposed to be empty. The sellers left loads of stuff behind that I assume they no longer wanted. The local charity shop that takes furniture came and got some of the bigger pieces. We bagged everything else up and skipped it. We were taking up old flooring and ripping out the kitchen so it wasn't a big deal for us.

The dirt, grime and dust was the worst part. Get yourselves some of those disposable suits and facemasks.

Gettingonabitnow · 30/08/2023 16:03

Just accept it - which is more painful, that or the house sale falling through and having to start over again!

caerdydd12 · 30/08/2023 16:06

identiy102 · 30/08/2023 15:05

No. Vacant possession just refers to no one living in the property.

Show quote history

Not according to various legal websites. Co op legal says:

When buying or selling a property with ‘vacant possession’ the property needs to be empty on the day of completion. This means the sellers or tenants have moved out and removed all of their belongings, only leaving behind items that have been agreed with the buyer

identiy102 · 30/08/2023 16:20

@caerdydd12

Agh.
The seller should have filled out the TA10 Fixtures & Content form before the sale is agreed. Than it's clear what is included.

This hasn't been included in the OPs conveyancing and it needs to be.....

So yes I'm still correct in saying "vacant possession" relates to the previous occupants giving up all their rights to the property.

You need to include the TA10 form within your understanding of vacant possession.

identiy102 · 30/08/2023 16:22

So yes vacant possession can mean a house full of the previous occupants stuff, or not.

Depends what was agreed.

But it's means there is no one else living there.

So yes I'm 100% correct? , your understand if the term isn't.

WorkingItOutAsIGo · 30/08/2023 16:31

Just picking up the other point you make about cleaning - there’s no expectation that a vendor will clean: it’s not like moving into a rental which should have been professionally cleaned.

caerdydd12 · 30/08/2023 16:34

identiy102 · 30/08/2023 16:20

@caerdydd12

Agh.
The seller should have filled out the TA10 Fixtures & Content form before the sale is agreed. Than it's clear what is included.

This hasn't been included in the OPs conveyancing and it needs to be.....

So yes I'm still correct in saying "vacant possession" relates to the previous occupants giving up all their rights to the property.

You need to include the TA10 form within your understanding of vacant possession.

OP has already confirmed nothing being left was listed on the fixtures and fittings form.

Original poster

Newusernameaug · 30/08/2023 16:40

Yes the TA10 states nothing being left except what I knew and expected, ie there’s a free standing fridge / freezer etc I knew they were leaving but there’s also, x2 wardrobes, x1 double bed, stools, long pieces of wood, various pieces of a furniture etc.

Ive also now received another email stating the sellers won’t source or cover an indemnity insurance we’ve waited 4 weeks for! Why they couldn’t state this weeks ago I have no idea!