When viewing properties, often filled with furniture and personal items, it's easy to overlook what's included in the sale price. Upon completion, you may encounter surprises – a welcome rug or, as I've personally experienced, a loft brimming with unwanted rubbish. An anecdote from Country Life highlights the unpredictability: a client left behind a Rolls Royce, finding it simpler than transporting it overseas.
Understanding fixtures and fittings
Typically, fixtures – items attached to the building or land, such as built-in wardrobes, integrated appliances, carpets, and doors – are included in the sale. Fittings, on the other hand – items not fixed or easily removable, like mirrors, TVs, and freestanding fridges – are not. The distinction seems clear, yet items like white goods can blur the lines. Considerations extend to garden elements: a potted plant may go, but what of a newly planted shrub, an outdoor sculpture, or a water feature? Even an integrated fish tank poses questions.
The impact of misunderstandings
These details may seem minor, but I recall a sale collapsing just before exchange because the seller refused to part with a sentimental doorknocker, incurring significant costs for both parties. In another instance, a client faced small claims court over the removal of plants and a mirror deemed by the buyer to be part of the sale. Sometimes, agents even resort to settling disputes from their commission to ensure a sale proceeds.
In an extreme case, buyers of a £1.5 million Grade II listed property discovered missing features like stained glass windows and a staircase, leading to court proceedings.
The TA10 Form: A solution with limitations
The Law Society's TA10 Form – the Fittings and Contents Form – aims to clarify these matters. This detailed eight-page document guides sellers and buyers through each room, specifying which items are included. It's an integral part of the contract, offering transparency and the option for sellers to negotiate the inclusion of additional items for a fee.
However, the TA10 isn't comprehensive. It covers standard rooms but omits unique features like stained glass, front gates, or swimming pool equipment. For properties beyond the ordinary, such as country estates, we advise a thorough walk-through and an agreed inventory attached to the contract to avoid ambiguity. Always verify inclusions before exchanging contracts to prevent misunderstandings.
Insurance
Whoever will become the eventual owner it is important that all items are properly insured throughout the transaction. Generally the buyer will put in place buildings insurance from exchange of contracts and they should ensure that the contents is also covered including any individual items that would need to be brought to the insurer's attention and specifically noted on the policy.