The person who's buying my house has been a **** about price etc. and has made my removal of certain items from the house a condition of the sale.

 

My plan is not to move them, as when she finds I haven't, it will be too late as I'll be in my new house. I guess she could pursue it legally, but surely it wouldn't be worth it due to the costs she will incurr.

 

My question is - am I correct in thinking I could get away with this as stated.

I shouldn't, matey. You'll risk getting her solicitor to hold back the payment to your solicitor and then it'll all go tits up.

 

Breaking a contract is rarely a good idea especially when there are two sets of solicitors in the way and they will end up being the only ones who make money out of it.

 

Cheers - Gio

Its only a problem if you have both signed an agreement - if you have then he could pay for someone else to shift the items and then charge you and he would win - if its a gentlemans agreement ie verbal then you can do what you like and he cant do a thing against you.

 

and dont give him your new address!

Originally posted by Bilky

Its only a problem if you have both signed an agreement - if you have then he could pay for someone else to shift the items and then charge you and he would win - if its a gentlemans agreement ie verbal then you can do what you like and he cant do a thing against you.

 

and dont give him your new address!

 

I haven't signed anything wrt removal of the items. The estate agents asked for my forwarding adress, so I suppose they could give it to her if she asks ?

Originally posted by Gio

You'll risk getting her solicitor to hold back the payment to your solicitor

 

 

I pay my solicitor - how can her solicitor hold back the payment to mine ??:confused:

Weapons grade plutonium does cost a bit to clean up these days Dave. Maybe give ol' Bin Liner a call and get him to come round and pick it up for you, I'm sure he'll find a use:D

Regarding a forwarding address:

 

Neither your estate agent or solicitor can pass such information on without your recorded consent, such would conflict with the data protection act. So as long as you do not agree for your address to be disclosed, you should be OK

 

If I was you though, I would get the stuff shifted, you`ll have enough hassle just moving without having another Joe up your butt.....

Originally posted by jenbstevieb

you`ll have enough hassle just moving without having another Joe up your butt.....

 

Dave, who's Joe? And what are you doing keeping him up your butt?!?!?!:eek: :eek: Careful, you might get a hernia, although I believe there's plenty of avice on that subject already:D

and has made my removal of certain items from the house a condition of the sale.

 

This statement indicates that it's written into the contract. If this is the case u won't have a leg to stand on.

 

I thought there was a clause in standard house sale contracts that covers people leaving stuff in a house they've just sold anyway ?

 

Robin

and has made my removal of certain items from the house a condition of the sale.

 

This statement indicates that it's written into the contract. If this is the case u won't have a leg to stand on.

 

I thought there was a clause in standard house sale contracts that covers people leaving stuff in a house they've just sold anyway ?

 

Robin

Hide the stuff mate :D

I think I'll only sign anything on the completion date. Then it will be too late for her to do anything. If she can't get my address, she can only invoice me for the cost of removal, which, when I ignore it, she would have to take me to court - which would cost her more than it's worth ? :D

Dave,

Thats well strange, most new buyers want u to leave stuff in not ensure you take it away!!!

I am gonna be dead nosey and ask what it is?? Tell me to FO if u wish.

Nick

 

:cool:

Originally posted by zcar

Dave,

Thats well strange, most new buyers want u to leave stuff in not ensure you take it away!!!

I am gonna be dead nosey and ask what it is?? Tell me to FO if u wish.

Nick

 

:cool:

 

Washing machine, cooker and shower curtain !!:confused: :D

 

I'm also planning to leave her a soafabed, single bed, dressing table, chest of drawers, 3 chairs, drawing board !!:D :D :D

 

How generous am I ??;)

 

OH, I nearly forgot - 16 slabs of concrete which my speakers were mounted on upstairs !!:D :D :D Hope she doesn't own/covet a 300ZX !!

Errrr....I'm not really surprised she wants you to get rid of it mate. When I bought my house the vendors said they were going to remove the 'useful' stuff they had left in the garden. Two years later I'm still left with 3 rusting mountain bikes, various parts from a GSX-R1100 and a 3/4tonne safe!:eek:

 

I'm too lazy and tight to hire a pick-up or a skip, and I hate gardening anyway. I'd concrete the lot, but I'd still have to remove all the crap:rolleyes:

When you're selling a house you have to fill in a whole bunch of stuff. Amongst this, you will find a "Seller's Property Information Form" and "Fixtures, Fittings and Contents". The latter covers fixtures and fittings and whether or not they are included in the sale.

 

The Property Information Form says "Incorrect information given to the buyer through your solicitor, or mentioned to the buyer in conversation between you, may mean that the buyer can claim compensation from you or even refuse to complete the purchase".

 

If it is a condition of sale that you do certain things then you must do them. If it is not a condition of sale, then you don't have to do anything.

 

And as for payment it works that she (and or mortgage supplier) pay the purchase price to her solicitor who - assuming the contract completes correctly and with no hassle - pays it to your solicitor who either pays it on to the solicitors of the people you are buying from or to you (after deducting fees etc).

 

So if someone reneges on a deal (either written or verbal), then her solicitor will refuse to hand over money to your solicitor until it is sorted. And even if it has been paid, they can get it back (ask your brief about "escrow" and so on).

 

Screwing around on a house sale is one of the quickest ways to become homeless.

 

Anyway - the best place for legal advice (and the only one legally allowed to give legal advice) is a slicitor so best ask one of them, really.

 

Cheers - Gio

Originally posted by Gio

 

Anyway - the best place for legal advice (and the only one legally allowed to give legal advice) is a slicitor so best ask one of them, really.

 

Cheers - Gio

 

Thanks - good point but I wouldn't have thought a solicitor would NOT advise me to break the law ! He COULD point out what would happen, but I thought a real world viewpoint would help.

 

Also, isn't the money exchanged on completion, ie, before keys are handed over, ie. before she finds stuff not moved ? But does Escrow mean she could easily get it back (compensation/me to shift the items) ?

Originally posted by Bilky

if its a gentlemans agreement ie verbal then you can do what you like and he cant do a thing against you.

 

and dont give him your new address!

 

Wrong, read your contract law for beginners book again ;)

Originally posted by Nelson MainFella

He COULD point out what would happen, but I thought a real world viewpoint would help.

 

Also, isn't the money exchanged on completion, ie, before keys are handed over, ie. before she finds stuff not moved ? But does Escrow mean she could easily get it back (compensation/me to shift the items) ?

 

1) yes - he could (and should). Anyway it's only hypothetical as you haven't broken the law yet (well at least in moving house anyway ;) ) So I would think it quite in order to take advice about the possible consequences if (a) or (b) were to happen.

 

2) yes I think you're right about when the dosh is handed over. But it takes some time before it works it's way from solicitor to solicitor and I think that if a solicitor was alerted to a breach of contract, then it would stay in the chain until sorted out.

 

Good luck - Gio

 

(BTW what speakers?)

Originally posted by Gio

 

(BTW what speakers?)

 

Mission 735i's (I think-can't remeber !!:D ) Floorstanders about 1 metre tall.