Probate Sale, No fittings and fixtures form

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  • Reedandy
    started a topic Probate Sale, No fittings and fixtures form

    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.

  • wfd_property
    replied
    Quicquid plantatur solo, solo cedit

    Leave a comment:


  • Reedandy
    replied
    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.

    Leave a comment:


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

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  • wfd_property
    replied
    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.

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  • Reedandy
    replied
    Any more responses, please?

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  • Reedandy
    replied
    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?

    Leave a comment:


  • Lawcruncher
    replied
    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.

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  • Gandolf
    replied
    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

    Leave a comment:


  • Reedandy
    replied
    All views, no replies. Please advise.

    Leave a comment:

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