House pricing advice

[dizzy_bint124]

We are in the middle of buying a property. When we first had our offer accepted everything seemed fine, it now turns out they are in the middle of a divorce. It appears to have turned quite bitter and he has moved out. We are about a week away from completion, while she was away he has been into the property a removed items that are listed on our itinery as staying. Our solicitor has written a letter requesting thier return and his answer has been go 'F***' yourself. We would like to reduce the price to reflect the items missing but he obviously won't give consent. Can she agree a reduced price without involving him?

[maclarencat]

not if it is jointly owned

[buildersmate]

Speak to your solicitor - it' what they are there for and it shouldn't cost you extra.
However my opinion is that, having exchanged contracts, you have an agreement to purchase at the price on the contract and the seller has an obligation to sell all the agreed items listed on the itinery. Failure to leave all the items is a breach of contract that your solicitor would be able to reclaim after completion. That is the way to get redress.

[owdhamer]

knock a couple of grand of the price and say take it or leave it

[factor-fiction]

Whilst my instinctive reaction might be to do as owdhammer says I that buildersmate is probably correct as you have already exchanged contracts. However it may be difficult in this case to succeed with a claim/enforce a judgment and you may feel it's not worth the truble. But the best advice is "ask your solicitor"

[factor-fiction]

^ trouble not truble!

[boxtops]

I would have thought so, Eddie - if I was paying for certain fixtures and fittings, I'd expect to lower the price if they weren't there after all.

[ummmm]

It's as buildersmate said. You keep your terms of the contract and let your solicitor deal with their breach.

[ummmm]

If I remember correctly they can get quite a hefty fine for breach of contract.

[venator]

Could your solicitor keep back some part of the money, to be released when the missing items are returned or replaced? This is common practice when, for instance, a builder is doing contract work.

Your solicitor would hold the money on a client account and would give a suitable undertaking to the vendor's solicitor.

[venator]

I only hope that the wife isn't doing this to delay completion so as to get back at the husband - that kind of thing can drag on and on...

[bednobs]

as you don't currently have possession of the property, you hhave no way of knowing whether these items will be there when you move in or not. you need to wait till completion, then get your solicitor to take steps if they are not