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fixtures and Fittings

9 replies

nervousal · 07/03/2008 09:54

We're due to move into new house next week. We were under impression that a big wardrobe in master bedroom was included in sale - its included in schedule and was referred to during viewings. Anyway - sellers have contacted our solicitor to mention that when they moved wardrobe carpet doesn't go under it. I'm not worried about carpet (we'll be replacing it) - but we NEED the wardrobe (moving from house with fitted wardrobes, and will cost over £1000 to replace)

So - can they take the wardrobe with them?? (I'm just keeping fingers crossed that I have copy of schedule at home - 'cause out solicitors don't have one)

OP posts:
RubySlippers · 07/03/2008 09:58

if it is in the schedule which has formed the basis of the contract then i would have thought they would have to leave it

we have just done this with our new house (also moving next week)

flowerybeanbag · 07/03/2008 10:01

Is the schedule the same as the fixtures and fittings list where they have to literally tick what's included, what's not and what's up for sale?

In which case if they ticked the wardrobes as being included in the price they'd have to leave it surely?

Smurfs · 07/03/2008 10:04

If it is included in the contract in some form it should as I understand it stay. We had a similar situation many house moves ago when Vendor took tumble dryer and washing machine with them abroad. They had to ship it back to us at their expense. Get your solictor to check with their solicitor and if it has been dismantled and removed then you should ask for some substantial contribution towards replacements. Ooooh the joys of moving

nervousal · 07/03/2008 10:37

I know Smurfs - we thought everything was going smoothly.

Flowery - the schedule is the advertising document which describes the property.

I guess that if this is the worst of the hassles we get then things could be much worse.

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flowerybeanbag · 07/03/2008 11:18

My guess would be that the schedule is just that, marketing info, and not legally binding in any way or forming part of the contract. The fixtures and fittings list would be the significant document.

But that's a guess not actual knowledge, your solicitor should know.

Wisteria · 07/03/2008 11:23

Why don't you just ask the vendors?

nervousal · 07/03/2008 13:17

Solicitor is asking vendors.

Re schedule - my understanding is that in Scotland Schedule and advertising material form part of missives?

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flowerybeanbag · 07/03/2008 13:38

if that's what solicitor says I'm sure that's correct nervousal

midnightexpress · 07/03/2008 13:44

AFAIK in Scotland you don't have the fixtures and fittings list as in England. I know when I sold in London I filled one out, but I never received one when I bought up here in Scotland. And I haven't seen one for the property we're in the process of buying (which also supposedly has an enormous wardrobe included in the sale. You're not buying my new flat on the sly are you nervousal?????).

Could you get a copy of the schedule from the estate agent? The marketing cost usually includes an unlimited supply of them so they might have some spares or be able to get one for you. Or is it still on a website anywhere?

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