dicky ticker

hi all

just bought a new place.

when i got there they had taken everything they had said they were leaving in the checklist we got from their solicitor.

where do i stand legally.

cheers

colin

Harry_Boy

Breach of contract. Tell your solicitor to get onto their's straight away.

They will either have to return the missing items, or provide compensation. Acting quickly is important, and take some pics for evidential reasons.

apples24

iTrader: (1)

if its in writing you laughing, id contact ya solicitor

Jaybird-UK

Essentially they've stolen the items, as advised get on the phone to you solicitor ASAP

Harry_Boy

The fixtures and fittings forms are incorporated as a term within the contract, so it's a simple breach.
Can't really claim it's 'theft', as there may not be 'an intention to permanently deprive', which is one of the legal requirements for theft. (Although in practice, we all know that they are trying to get away with what they can here....).

The practical problem you'll have is that, although you are in the right, how easy will it be to gain recompense? If they bluff it out, you may well have to threaten or even instigate a legal action for breach of contract. On the other hand, they may well cave in and bring the stuff back, or alternatively offer a sum in full & final settlement.

The difficulty is that funds have already been handed over, so you can't withold a retention pending resolving the issue.

Cheers, HB

Petem95

Are you sure THEY took everything? Ive just noticed you live in Liverpool....

dicky ticker

lol @Petem95

"Are you sure THEY took everything?" -yeah they even took door stops and coat hooks off the backs of the bedroom door. and the toilet roll holder off the bathroom wall

they asked us initially if we wanted to buy their carpets and curtains for an extortionate (sp) amount which we declined. then they said (in the checklist) they were leaving them . hoorah we thought so went and booked a holiday with the money we had saved to get over the stress of moving.

what also pi**ed me off was spending the first 2 hours mopping up the flood because they had disconnected the waste pipe from the sink when they removed the washing machine

cheers to everyone

colin

ProperCharlie

i had a similar thing the first place i bought. the seller wanted to negotiate separately for, get this, some naff brass wall lamps that they'd installed. i responded that they were fixed to the wall so part of the fixtures and fittings. guess what - moved in to find two sets of wires hanging out of two holes in the wall. As i didn't want them I didn't bother to argue the toss, but it's funny how people suddenly change their tune after the money's in the bank.

Wish

iTrader: (2)

Did they really take the carpets ??
If i was buying a house and they then asked me to buy the carpets or they would remove them i would have pulled out of the sale.


Some people !

dicky ticker

[QUOTE=Wish]Did they really take the carpets ??

sure did. not sure how the stairs carpet will be used in their bungalow tho.

some people

ajm

What complete pikeys.... make sure you stick it to them good out of principle!

Nimbus

IIRC, it's illegal to remove electircal fixtures and leave bare wires. If they must remove the items, they need to make the wires safe.

camk

once bought a place and they took the tolilet seat and all the plants in the garden . Even my solicitor was pissing himself.

dicky ticker

phoned sols yesterday who had recieved (post exchange/completion) another unsigned and undated list saying they were taking everything.

just waiting for a response from their sols now

cheers

colin

Wish

iTrader: (2)

MATE.... THEY TOOK THE F...ING CARPETS.

JESUS! WHAT IS IT WITH PEOPLE !

Nimbus

It's not worth the paper it's written on....

Cold Turkey

keep us updated mate

Harry_Boy

If it's post exchange, and unsigned, it can't be retrospectively incorporated into the contract except with the express consent of both parties. And you won't be agreeing to that, will you mate???

ChrisB

For £15,000 in cash, I'm consider it

{Assuming it's not a 23 bedroom country house you have to re-carpet}