Probate Sale, No fittings and fixtures form

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Probate Sale, No fittings and fixtures form

    Hi,

    I am buying a probate property. My solicitor has informed me that the seller(executor) is selling on sold as seen basis and hence, not completed any Fittings and Fixtures Form.

    I am concerned that without a F&C Form, the seller is free to strip the house bare to claw every penny out from the estate as there is no contractual obligation. Also, there is no official inventory of the contents/fittings, so let’s say if the radiators / kitchen cabinets go missing between EoC and Completion, I cannot claim loss as it is not recorded in any conveyancing document that they are present currently.

    How do I mitigate these risks? Talked to my solicitor and the initial advice is that this is typical in probate sale and the seller is unlikely to provide the TA10 or change Sold as Seen clause. The estate agent didn’t tell me at the time of viewing and making an offer about Sold As Seen.

    #2
    All views, no replies. Please advise.

    Comment


      #3
      Never heard of it before last
      probate one I bought took forever but came
      with a fixtures and fitting list, are you completely fitting and refurbing it?
      Ask solicitor surely they have to fill it in they can’t take kitchens etc it’s only carpets blinds applicances really can’t see you wanting them anyway

      Comment


        #4
        Your solicitor is right that sold as seen is pretty much par for the course on a probate sale, especially if there is a professional executor. If sold as seen no fixture can be removed. The problem is not that there is no contractual obligation, but that there is no record of what the obligation extends to. In that respect the seller is equally vulnerable. Go and take a video if you are concerned.

        Comment


          #5
          Lawcruncher,

          1. Is it still possible to negotiate with the seller to fill TA10? The executor can ask the estate agent to complete it to get an inventory of items. We got a fairly filled SPIF so someone on the seller side does have decent knowledge about the property.

          2. If they refuse to fill TA10, what is the alternative way of recording? Can videos, pictures and property sale advert be considered as official and included as part of Contract?

          3. You mentioned if sold as seen fixtures cannot be removed. Is this a mandatory requirement as long as it is recorded what fixtures are present?

          Comment


            #6
            Any more responses, please?

            Comment


              #7
              Have another viewing, video the house as it is.

              Is there one item in particular you are concerned they may remove?

              Is it a project or something to move tenants straight into?

              The reality is, they will just want a quick sale in order to divy up the money.

              Comment


                #8
                Are you not doing a refurb anyway so does it matter, what do you think they will want to take

                Comment


                  #9
                  There is nothing specific but I am in general concerned that if there is no official record of fittings and fixtures, anything including the fixtures like radiators can be taken out. Since we are buying to move into right away after completion, don’t want any damage which could delay our move in and result in repair expenses.

                  Comment


                    #10
                    Quicquid plantatur solo, solo cedit

                    Comment

                    Latest Activity

                    Collapse

                    • Deed of variation
                      Lizey
                      Hi.

                      I have recently discovered a problem with the leasehold flat I live in. I purchased the flat years ago, 1 flat of a block of 4. I recently went onto Land registry to see my lease and noticed my lease on there is only 99 years, the original deed from 1978. This lease was changed by deed...
                      23-05-2019, 17:07 PM
                    • Reply to Deed of variation
                      Lawcruncher
                      In that case ask the conveyancer who acted why he did not make sure the DoV was registered. You can also ask him if he has it.
                      25-05-2019, 08:13 AM
                    • Reply to Deed of variation
                      Lizey
                      Hi. It was executed before I purchased the flat, about 17 years before
                      25-05-2019, 07:45 AM
                    • Reply to Deed of variation
                      Lawcruncher
                      Was the deed of variation executed before or after you bought? Whichever it was, were you legally represented?
                      24-05-2019, 16:40 PM
                    • Reply to Deed of variation
                      Lizey
                      Hi thank you for replying. The problem is I only have a photocopy of the DoV and I have gone back to the solicitors who wrote the deed, who have since been taken over by another solicitors, and they have confirmed they dont have any records relating to this and have checked all the previous solicitors...
                      24-05-2019, 16:03 PM
                    • Reply to Deed of variation
                      Tipper
                      Register it at the Land Registry. They'l tell you what to do.
                      23-05-2019, 17:36 PM
                    • Absent freehold beneficiaries?
                      Mat1
                      Hi guys, new poster here so forgive me if I get my terms mixed up!


                      I have just made an offer on a ground floor flat in a block of 3. A,B and C. Sold as Share of Freehold, no company. We'll call this flat A.


                      The owner of flat B died in 2015. The "residue"...
                      16-05-2019, 19:45 PM
                    • Reply to Absent freehold beneficiaries?
                      leaseholder64
                      If the Land Registry has not updated, it will be held in trust by the executors. The combination of the will and the Land Registry entry should be all that is necessary.

                      Note, that they should be paying the ground rent and service charges. Once they have probate, they no longer have any...
                      17-05-2019, 09:36 AM
                    • Reply to Absent freehold beneficiaries?
                      Mat1
                      Is there any way to find out if this is the case (held in trust by the nephews)?

                      Assuming this is the case I can't imagine they are particularly incentivised to get this sorted, they had their part of the inheritance 2 years ago....
                      17-05-2019, 08:33 AM
                    • Is There a Conflict Of Interest Here?
                      mrs. sparkle
                      Recently purchased an auction property and the lender I am obtaining bridging finance from requires a solicitor to represent them from their panel.

                      What I wanted to know is whether it is okay for the lenders solicitor to also represent me the purchaser?

                      Someone mentioned to...
                      16-05-2019, 12:47 PM
                    Working...
                    X