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16 YOUR HOME
THE PRESS AND JOURNAL
Tuesday, April 21, 2015
Fixing up a happy sale
Nicola Reid, partner, residential
property for Ledingham Chalmers,
talks fixtures and fittings when
buying or selling a property
W
hen it comes to
selling or buying a
property, deciding
which items are to
be included in the price is
something to which a degree of
consideration should be given
by both buyer and seller.
Items that are integrated or
which form part of the fabric
of the building in any way, are
not to be removed by a seller
and therefore form part of the
property being paid for. Examples being such items as satellite dishes, fitted furniture and
integrated white goods.
In recent years, it has become increasingly popular for
television sets to be wall
mounted. If the intention on
the part of a seller is not to
have these included in the
price, then this should be
clearly set out in writing in the
missives. Where such wallmounted television sets are to
be removed, a seller should
also consider and make clear
whether or not the bracket affixing the television to the wall
is to remain in situ or be removed. If the latter, it is generally accepted that a seller will
make good all or any damage
caused by its removal.
Moveable items are, by their
very definition, items that can
be easily removed from a property and not fixed to the fabric
of the property. The most popular items here being curtains
and blinds and would also include any free-standing white
goods or appliances such as
fridges, freezers, or ovens. The
majority of sellers will have
stated specifically within the
sales schedule such moveable
items that are to be removed
or those that are to remain
within the property. Buyers
should, however, take care to
note that if a schedule indicates that there is plumbing in
place for a dishwasher or
washing machine, this does not
imply the existence and inclusion of the appliance, merely
that the appropriate plumbing/drainage is in place to accommodate them.
Most buyers are accommodating if they are given clear
notice of items to be removed
from the outset – in the case of
any light fittings not included,
a buyer would simply expect
that the seller replace those removed with a standard flex
and bulb and have this narrated within the contract.
There are always situations
where a seller will take the
meaning of moveable items to
the extreme. It has been
known for sellers to remove all
light bulbs from the property
and on occasion, the remainder of the toilet roll from their
holders.
Perhaps an instance of a
moveable item being removed
by a seller in error largely
through misunderstanding is
that of the wheelie bin. Individuals should note that a wheelie
bin, as provided by the local
authority, must remain with
the property and should not be
removed. The exception to this
being where a seller has purchased an additional bin which
they would be entitled to remove as their own personal
property.
A seller is entitled to remove
all plants and/or flowers that
are in potted containers within
the garden. If a seller wishes to
dig up any particular plant
from the garden or take a sizeable cutting, then this should
be clearly intimated in writing
to the buyers agent.
Paramount to ensuring that
no misunderstandings arise between a buyer and seller is that
of communication. If a buyer
wishes something to be specifically included in the price or a
seller to specifically remove any
item so as not form part of the
sale, they should ensure that
this is clearly communicated to
their respective solicitors so
Nicola Reid
that it can be incorporated into
the missives. This ensures that
each party is aware at the outset what is and is not forming
part of the sale/purchase and
generally ensures that there are
no nasty surprises or disappointments at a later stage.
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