Property Q & A: Fixtures and Fittings

I have negotiated a sale of my property and have been asked to fill in a form confirming what is and what is not included in the purchase price. Can I ask the buyer to pay extra for fixtures and fittings I had not intended to include in the purchase price?

The question of what will be and what will not be left on completion is something which causes a number of difficulties between buyers and sellers and is probably one of the main areas for disputes.

We have known clients who, when advertising their property for sale, have intended to leave items in the property and to include them in the purchase price. However, if they sell the property for a price for which they perceive as being less than it is worth or for being substantially less than that for which it was being marketed, may be less inclined to include those items in the sale price.

Before you complete the ‘Fittings and Contents’ form, you should check with the Estate Agent as to whether there are any items they may have indicated would be included in the purchase price. If there are any such items, you may run the risk of upsetting your buyer and potentially run the risk of them withdrawing from the transaction if you change your mind and indicate they will not be included in the purchase price.

You should also be careful in relation to items that are fixed to the property.  In theory, while you may remove whatever items from the property you wish, if you do not agree with the buyer beforehand, you may find that you could leave yourself open to a legal challenge if removing an item which technically passes with the property.

If you need further advice our highly experienced residential property lawyers can help. Call us on 01254 272640 email and we will help make your experience, that much easier.