Fixtures and Fittings - ceiling fittings & missing appliances

10-10-20

Hi all.

Can anybody advise on the following scenario.

If a vendor removes ceiling fittings from rooms in a house and replaces them with plastic pendants between the final viewing (1 week before close of sale) and the actual close, do we have a right to claim against him for the loss of the units? Our solicitor has said that the light fittings were not inventoried in the contract and therefore were not part of the agreement. Is this correct?
The light fittings are visible in the sales brochure and their combined loss in approximately €2000.
What would the likely outcome be if I was to pursue this in the Small Claims Court?

In addition, the vendor removed the washing-machine and dryer which were enclosed in cupboards in the utility room, saying that only inbuilt appliances in the kitchen were covered under the contract. These devices are listed in the sales brochure as being part of the utility room, but I understand that this isn't a legal document, so I'm on a less sound footing in terms of recouping the loss to us.

Any guidance appreciated!

Patrickof

Hi, I'm an EA and the normal rule of thumb is that if its "screwed in" then it's part of the house. However, in the case of particularly valuable items then it would be normal to list them on the brochure, and their absence on a brochure implies that they are not included in the sale.

If it is listed (being on a photograph is probably not sufficient) on the brochure then I would consider that they are part of the sale - the fact that the brochure is not a contract is irrelevant, it is an advertisment for a product and if it explicitly describes an item as part of a sale then it should be included. Take the recent case that was decided in favour of the purchaser where the property size was incorrectly listed on the brochure, he got some compensation.

I'm not a lawyer but I believe the brochure is an "invitation to contract" upon which you make your offer along with viewing the property.

So in your case above, I'd say the light fittings are not included (unless a general "fixtures and fittings included" was listed on the brochure) but the washing machine and dryer should be part of the sale. But it depends on the wording of the brochure.

10-10-20

Hi Patrick,

In terms of what you said about fixtures being 'screwed in' and high-value items having to be listed, would you consider light fittings to be high-value and subject to listing?

So, as the contact was drawn up by the vendor's solicitor, would it be correct for me to say that my solicitor failed to amend the contract to protect our interests - i.e.. would 'fixtures and fittings' not be considered an important term to have on such a contact? In your opinion, is this an oversight on his behalf or mine?

I understand that this may be a contentious issue, but if needs be, I'll have to look at taking action separately.

10-10-20

I have a copy of the sales brochure here now and it says: "Utility Room: Washer, Dryer, integrated units and a central vacuum unit". Do I have a leg to stand on?

CantGetNoSleep

i think the limit for compensation in the small claims court is €1,270 though is it?

seamus

Please contact a solicitor and read the charter.