Can seller change things in the property between offer and completion?

[Femining]

This might be best in legal, but I think people here might know, too.

The fixtures and fittings form in residential property sales: If it says 'bath included' should it be the exact bath the buyer saw, or can the seller take the bath and replace it with another for the new owner. Same with boiler etc.

If it's different to the exact one buyer saw, is this breach of contract and is there anything a buyer can do?

The seller has changed a few things and my solicitor is not being clear on my rights, and says it's really not worth the hassle.

Up until point contracts are exchanged they can change a bath for a bath but once contract has been exchanged they can't remove anything else.

I would have thought that - as previous posters have said - that swapping out a freestanding cast iron or similar bath for a bog-standard, non-freestanding one (and ditto radiators) without the agreement of the buyers is not on, before or after exchange of contracts!

If the bath was mentioned in the description, for example, surely it forms part of the property as being purchased?

I know when we were selling a house with some antique wall lights (these were in photos and referred to as 'four pairs of wall lights' in the blurb) which we wanted to take with us, we had to notify our buyers of this - and ensure we were replacing these with something they were ok with.

And, at our last house we had a fancy cast iron radiator that wasn't yet fitted when our buyers viewed/offered. When our heating guy came to fit it prior to exchange, it was found to be faulty. We had to buy another quickly and couldn't get one exactly the same, but informed our buyers who were fine with this.

We actually removed our very expensive kitchen tap and replaced it with a cheaper - but still nice - version before marketing our last house so as to avoid such issues.

We changed a number of small items when we sold but all of them were itemised on the contract.

This is why you are advised to view directly before exchange

exchange is when the contract is sealed

I've noticed the fixtures and fittings form just says 'radiators' for example, so I suppose that means as long as there are radiators, that is that and there is no breach of contract?

As a buyer, do I have any rights now, or not as I did not visit right before exchange?

I would agree with your interpretation - there are radiators and a bath just not the ones you expected

the agent particulars are not legally binding so photos of a posh bath wouldn’t count - if there was a posh bath on exchange and not afterwards you would have a case but the cost of implementing would probably be less than the cost of a new bath

At the end of the day you are buying a house. Fixtures and fittings are supplementary and are detailed on the form, or not. Any F&F you wanted to come with the house you should have identified on viewing and ensured they were covered on the form. If they aren’t then you don’t have any recourse. If they left you with no bath, no boiler etc then yes you would have recourse.
Honestly just buy yourself a freestanding bath.

Yes, thank you. I am not particularly litigious, I just wondered about it and want to learn for next time.

Ta

Lesson learnt is that you have bought a house with a radiator. Not a particular radiator, just any old radiator. No breach of contract.
You could try to fight it but it would almost certainly cost more time and hassle as well as ££ than buying and fitting nicer rads, plus you may well lose, since the F&F

Sadly, too late now to make it worth your while and the likely legal costs.

Had you spotted it before exchange you could have said you were reducing the price to reflect lack of lovely radiators / bath that were when you made the offer.

They have behaved badly. Don't forward their mail / Christmas cards.

Ha! That's a good suggestion. Any wayward mail is going into the bin!

Yes, lesson definitely learned. I am glad it is on something like this. Could be bigger in future. A very good lesson indeed.

No they are not

Plenty of properties have no heating, that is nonsense