How to Handle a Dispute Over Fixtures and Fittings During Conveyancing
By taking proactive steps and working closely with professionals, you can handle disputes effectively and ensure a smoother conveyancing process.
When you’re in the middle of buying or selling a property, disputes about fixtures and fittings can be a frustrating roadblock. Whether it’s about that chandelier you despise or the garden shed you’ve assumed would stay, disagreements can quickly arise. Understanding how to manage such issues can save you time, stress, and even money.
Know what’s included from the start
The first step in avoiding disputes is ensuring clarity from the outset. Sellers are typically required to complete a fixtures and fittings form, outlining what is included in the sale. This document is critical because it details whether items like curtains, carpets, or kitchen appliances will remain or be removed.
As a buyer, scrutinise this form carefully and raise any questions with your solicitor early on. If something isn’t clear or seems ambiguous, now is the time to address it. A simple conversation can prevent a small misunderstanding from escalating into a major disagreement later.
Address disputes with calm communication
If a disagreement does occur, try to approach it with calmness and clarity. Start by discussing the issue with the other party, ideally through your solicitor or conveyancer. This step ensures that the conversation remains professional and avoids unnecessary personal conflict.
Sometimes, sellers may not realise that an item’s inclusion or removal was unclear. A polite conversation or clarification of expectations can resolve many disputes. However, if the matter is more complex, legal advice may be necessary.
The role of your conveyancer
A reliable conveyancer is crucial in these situations. They can mediate between the buyer and seller, ensuring that both parties stick to the agreed terms. Services like SAM Conveyancing offer guidance through these types of situations, providing comprehensive support to help you navigate challenges during your property transaction.
Having a professional who understands the nuances of property law on your side can make all the difference. They ensure that everyone adheres to the agreed fixtures and fittings list, helping avoid drawn-out conflicts.
Consider compromise where possible
Not every dispute will require legal action. Often, reaching a compromise can resolve the situation quickly and amicably. For example, a buyer might offer to pay extra for a fixture they assumed was included, or a seller might agree to leave an item behind to maintain goodwill.
A little flexibility can go a long way. Remember, resolving issues quickly allows the transaction to proceed smoothly, which benefits everyone involved.
When legal action might be necessary
In rare cases where disputes remain unresolved, legal action might be required. This step is typically a last resort due to the potential costs and delays involved. Before taking this path, weigh the importance of the disputed item against the time and expense of escalating the matter.
Your solicitor will guide you through this process, helping you understand whether pursuing legal recourse is worthwhile.
Parting words
To avoid similar issues in the future, it’s essential to learn from the experience. For sellers, providing a clear and detailed fixtures and fittings form is key. Buyers should always review this document thoroughly and clarify any uncertainties before signing the contract.
By taking proactive steps and working closely with professionals, you can handle disputes effectively and ensure a smoother conveyancing process.
