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House Sale Says Includes Curtains ,now There Arent Any??

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prendi | 01:30 Sat 23rd Nov 2013 | Law
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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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If you haven't exchanged contracts yet tell them the sale is off.

If you have exchanges contracts the curtains should be mentioned in it, if not they won't be included.
Put it into perspective. A house is worth hundreds of thousands of pounds. Curtains are worth ???

If you haven't exchanged contracts then lower your offer to cover the cost of the curtains.
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
ummmm. Curtains can be worth thousands. It is a significant change in what was offered for sale. Moreover it shows the vendor is dishonest.

However as was already said the contract what counts. If that was signed without a thorough enough reading then there is nothing that can be done about it.
mrs_overall

I believe estate agent got it wrong. If that stuff was in the contract you only needed to contact the police . The vendor would be guilty of stealing it.
They can be worth thousands...but it's unlikely.
beso, I hear what you are saying but it is all water under the bridge now.

I am not going to incriminate myself too much, but let me say that revenge was sweet
As they say, revenge is a dish best served cold.
When I bought current place curtains were included but not to my taste ..horror I was using them as dust sheets when previous owner called round for mail, there they were covered in paint lying on floor in full view !
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.
It is quite likely that the curtain inclusion was a mistake on the part of the estate agent (they don't care since all their doc includes small print disclaimer) - possibly deliberate. The solicitor's list will therefore prevail.
you're buying a house

not a set of curtains with a house chucked in...

now if it were a body under the patio i think you could complain

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