ChatterBank4 mins ago
where do we stand?
8 Answers
we have just moved house. the sellers of the house as part of the deal said they would include the washer dryer. we have now discovered that it is only a washing machine that looks brand new. how do we stand? on the house inventory the vendors ticked washing machine which we didnt query .there wasnt a box to tick for washer dryer in the kitchen. the vendor is now saying that when the deal was discussed over the phone with their estate agents it was said that they ''would leave the washing machine but were it to be a washer dryer then it wouldnt be left as they are very expensive''. they are saying that the estate agent contact got it wrong when they contacted us about things being left. do we have any comeback? i am so angry as i cant dry our clothes outside!!!
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I think you may have answered your own question;
"on the house inventory the vendors ticked washing machine - which we didnt query"
The Inventory that formed part of the Contract of Sale said "Washing Machine" and that is what you got, so unfortunately, it doesn't look like you have much comeback other than to put it down to experience.
There is nothing wrong with amending or detailing the inventory. Eg if there is no tick box for washer-dryer, tick the washing machine and write underneath "washer-dryer" or the model no. etc.
The last time I moved, I agreed to purchase the cooker - but when I finally moved in - (8 months later because of the pain-in-the-@rses buying my house) - it had been replaced by some crappy, old-fashioned upright thing.
I didn't do anything about it, though, because
1.) they had been rather patient waiting 8 months for me to complete the sale, and
2.) there was b�gger all I could have done about it if I had wanted to - since the inventory said "cooker" and that was what I got.
"on the house inventory the vendors ticked washing machine - which we didnt query"
The Inventory that formed part of the Contract of Sale said "Washing Machine" and that is what you got, so unfortunately, it doesn't look like you have much comeback other than to put it down to experience.
There is nothing wrong with amending or detailing the inventory. Eg if there is no tick box for washer-dryer, tick the washing machine and write underneath "washer-dryer" or the model no. etc.
The last time I moved, I agreed to purchase the cooker - but when I finally moved in - (8 months later because of the pain-in-the-@rses buying my house) - it had been replaced by some crappy, old-fashioned upright thing.
I didn't do anything about it, though, because
1.) they had been rather patient waiting 8 months for me to complete the sale, and
2.) there was b�gger all I could have done about it if I had wanted to - since the inventory said "cooker" and that was what I got.
"do you think our solicitor should have spotted it?"
Yes, he should have. Assuming, of course, that you had instructed him/her to spend 5 hours of billable time (billable to you) + VAT going through a poxy inventory, trying to work out what you had said / agreed in unrecorded telephone converstaions with an estate agent.
What do you think you employ the services of a solicitor for ???!!!
He is there to create a written summary of everything that is agreed prior to the purchase in a document with the awfully complicated and technical name of a "Contract of Sale" (hereunder referred to as "The Contract"). This is a record of what all parties have agreed, and assumes;
1. You have actually told your solicitor what you have agreed with the vendor so that he can include it in The Contract.
2. You have actually read The Contract before placing your mark / thumbprint thereon, and notified him of any omissions / errors.
He will also look into a couple of minor things that you may not of thought about since you were too busy thinking about washing machines and washer / dryers - things like whether they are due to put a six-lane motorway through your garden.
As I said previously - if "washing machine" was ticked on the inventory and you, by your own admission "did not query it" - then how do you expect your solicitor to?
Please, put it down to experience and let it go.
Yes, he should have. Assuming, of course, that you had instructed him/her to spend 5 hours of billable time (billable to you) + VAT going through a poxy inventory, trying to work out what you had said / agreed in unrecorded telephone converstaions with an estate agent.
What do you think you employ the services of a solicitor for ???!!!
He is there to create a written summary of everything that is agreed prior to the purchase in a document with the awfully complicated and technical name of a "Contract of Sale" (hereunder referred to as "The Contract"). This is a record of what all parties have agreed, and assumes;
1. You have actually told your solicitor what you have agreed with the vendor so that he can include it in The Contract.
2. You have actually read The Contract before placing your mark / thumbprint thereon, and notified him of any omissions / errors.
He will also look into a couple of minor things that you may not of thought about since you were too busy thinking about washing machines and washer / dryers - things like whether they are due to put a six-lane motorway through your garden.
As I said previously - if "washing machine" was ticked on the inventory and you, by your own admission "did not query it" - then how do you expect your solicitor to?
Please, put it down to experience and let it go.
apparently our solicitor says that our vendors were sent a memorandum of sale? by their estate agents once we had agreed was to be included in the sale. not sure if this would hold any water. dont think it had to be signed and it did say washer/dryer machine so this could be seen both ways is being really picky dont you think? does the memorandum of sale show any evidence or is it only the final contract signed? last chance saloon i know but its really getting to me how people think they can do this to us!!!!!!!!
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