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House Sale Says Includes Curtains ,now There Arent Any??
We are in the middle of buying a house.on the notification of sale it said the agreed price and it included carpets,curtains and light fittings.we went to have another look around the house to measure up etc,the neighbour let us in ,as the house is empty,and noticed that all the curtains,which were very good quality,had been taken down.the estate agent asked the vendor about it and she said ,yes she had taken them and they were not coming back!! what I want to ask is which is the legal paper,the contents of the house list that the solicitor has,or the notification of sale from the estate agent?because she has said she is not leaving the curtains on the solicitors paper.i feel liked she has pulled a fast one on us.any feedback welcome,or are we being petty?thanks.
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For more on marking an answer as the "Best Answer", please visit our FAQ.When we bought our current house I was mightily surprised and somewhat hacked off to discover that not only had the seller taken everything that was not screwed down, she had also taken most things that WERE screwed down, including all the light fittings, toilet roll holder, curtain rails and one door.
I was straight on to the estate agent who pointed out that to sue her would cost far more than replacing the items
I was straight on to the estate agent who pointed out that to sue her would cost far more than replacing the items
the contents of the house list is the legal one, you'll find the agents particulars have some sort of disclaimer on them. Unless the curtains were described in detail, if you make a fuss and try to "sue" her she could jusr bring round and non-fitting useless ones - just buy ones you want and are to your taste
It very much depends on whether you have exchanged contracts or not and what is listed in the fittings list, which should have been attached to the contract and forms part of the contract.
If you have not exchanged contracts take the matter up with the person who is dealing with the conveyance for the vendor. If you have exchanged contracts and the curtains were included in the fittings list but are not there again first take it up with the person who is dealing with the vendor’s conveyance and warn them of the possibility of an anticipatory breach. If satisfied that there is a breach of contract you can take action in the civil courts, your remedy being either damages or specific performance.
If you have not exchanged contracts take the matter up with the person who is dealing with the conveyance for the vendor. If you have exchanged contracts and the curtains were included in the fittings list but are not there again first take it up with the person who is dealing with the vendor’s conveyance and warn them of the possibility of an anticipatory breach. If satisfied that there is a breach of contract you can take action in the civil courts, your remedy being either damages or specific performance.
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