Dronfield On-Line February 2010

I have just put my house on the market with a local estate agent. When do I need to tell my solicitor I intend to sell?
I would recommend that you contact your solicitor as soon as possible, particularly if you are confident you will find a buyer for your property fairly quickly. Your solicitor will want to make sure your deeds are in good order ready for the sale and will send you a pack including a property questionnaire and a list of fixtures and fittings for you to fill in and return.

Once the estate agents have agreed a sale, your solicitor will be in a position to submit a contract, copies of the deeds and the Home Information Pack (HIP) to the buyer’s solicitor without delay.

Can you explain the difference between fixtures and fittings?
Fixtures are any items that are attached to, or form part of, the property and are, therefore, included in the sale. For example, the central heating system or the bathroom suite would normally be regarded as a fixture and should be left by the vendor on completion.

Fittings are items that do not form part of the structure of the house and are not included in the sale, unless the vendor agrees to leave them behind or negotiate a separate price for them. These include carpets, curtains, freestanding furniture and light fittings. However, there are one or two grey areas such as satellite dishes, curtain rails and other items that are actually fixed to the property, but are often removed by vendors.

To avoid any confusion, a schedule of fixtures and fittings showing what is included and excluded from the sale is normally provided for the buyers before exchange of contracts. This list is often attached to the contracts signed by both parties as well. If an additional price has been agreed for certain fittings, then this should also be referred to in the contract. There may also be reference to compensation to be paid to the buyer if the vendor causes damage to the property when removing any of the fixtures or fittings.

I receive more telephone calls about the removal of fixtures and fittings than any other matter after the completion of a purchase. Frequently, the cost of trying to resolve a dispute is more than the actual value of the items in question. Buyers often feel genuinely aggrieved when a vendor takes out a fitting that they assumed would be included in the sale. If a list of fixtures and fittings is not given to you prior to exchange of contracts, I would advise that you request one to avoid any dispute after the transaction has taken place.

My solicitor has advised me to insure the property I am buying from exchange of contracts although I will not be moving in for some weeks. Why is this?
Unless the contract states otherwise, the risk in a property passes to the buyer from the moment of exchange. Therefore, you are accountable for any loss or damage unless it can be proved it was due to the vendor’s lack of proper care. As it is usually impossible to predict exactly when exchange will take place, I would recommend that you set up your own insurance arrangements as soon as possible, so that your policy is effective immediately on exchange.

If you are having a building society or bank mortgage and your lender is arranging insurance, you will find that most will automatically cover the property from exchange to avoid any mishap. I would suggest you contact your lender’s insurance department to ensure this is the case.

The only usual exception to the rule is if you are buying a property that is still being built. The contract on a new house will certainly state that the property is to remain at the builder’s risk until completion.

There may be some duplication of insurance between exchange and completion, as the vendor is likely to retain their own cover, particularly if they have a mortgage on the property. The lender will want to protect their interest in the property until completion, in case the sale falls through.

Issued: 12.02.2010