Property sales fall through for many reasons, but a £1m deal in Kensington almost collapsed recently over a freezer. The seller insisted he wanted to take it with him, the buyer demanded it be left behind, and the matter was resolved only when the estate agent popped down to the local electrical shop and bought a replacement.
Such penny-pinching ways are not unusual: there are plenty of horror stories relating to the tricky matter of fixtures and fittings, and who gets what. "They can be the ruination of many a sale," says Andrew Scott, managing director for estate agents Lane Fox, London. One of his clients took such a dislike to the people buying his property that he ordered Scott to go round the night before he exchanged and take away all the built-in audio equipment. The buyers' loss was Scott's gain: he is still enjoying the surround-sound home-cinema complex.
Then there is the tale told by Peter Young, director of John D Wood, who was called in by an incandescent buyer whose new home had loose, lives wires sticking out of all the walls. The outgoing owner had told the handyman to help himself to anything, which the latter did without bothering to switch off the electricity at the mains.
Then there are other stories of vendors making off with electrical appliances that the buyer presumed were included, or of gardens stripped of plants and flowers. So, how can you ensure you know what you're getting when you buy, and what is it acceptable to take with you when you go?
"The way in which buyers need to protect themselves is quite simple - assume nothing when you make the offer," Scott says. "Be crystal-clear with your estate agent about what your offer will include, from carpets to curtains." And, if there are extras outside the "standard" fixtures and fittings, such as fitted carpets and built-in appliances, then try to project yourself as a reasonable person. "Say, 'We really love the mirror, and can we talk about the price?' Don't be overdemanding and say we want your wife, the chandelier and the dog - it will prejudice the client against you."
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Once you have established what is included - and what isn't - then make sure it all features on the fixtures-and-fittings list provided by the seller's solicitor. "All buyers should make sure they see that form before exchanging contracts," warns Robert Bailey, a London-based top-end property-finder. "Failure to do so will mean that the contract may not include certain items, and could end up being fairly costly. With a decent washing machine costing £1,000 and audiovisual equipment running into tens of thousands, you shouldn't take it as a God-given right that anything is included." The Law Society's Conveyancing Handbook suggests the buyer should get written confirmation from the seller that fixtures and fittings seen on inspection of the property will not be removed. "While you want a lovely, trusting relationship with the vendor, you do require a contract with them, just in case," Scott says.
Sellers, meanwhile, should be equally clear about what they are taking with them - as well as being reasonable. "You need to clearly itemise in the agent's brochure what is included in the sale. It needs to be spelt out," Young advises.
Most agents agree that items such as fitted carpets or electrical appliances that are plumbed in or match (a fridge with a fascia that goes with the rest of the kitchen, for example) should be included in the sale as a matter of course. Opinions differ on the matter of curtains and certain movable items.
"I always exclude curtains, which are negotiable and easily removable, because they can cost thousands of pounds a yard," Young says. "But if your washing machine is more than a couple of years old, then leave it."
At the top end, sellers should consider being more generous. "If you're paying a premium price for a house, I would expect to get most things chucked in," says Bailey. "A vendor who strips a property risks the sale faltering - premium buyers expect to walk in almost with a suitcase. If you've got a bedhead that matches the wallpaper, my view would be that it should be included in the sale."
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Where a seller has room to negotiate is over expensive built-in items, such as chimney pieces. "If it's attached toa property, it becomes part of it, and if you rip it out, it reduces the value of the property," says Rebecca Howle, a conveyancing specialist with KJD, a firm of solicitors based in Stoke-on-Trent. "If you do want to take something out, tell the buyers. And if you exclude the fancy light fittings from the sale, you are obliged to put in a ceiling rose or something to put a bulb in."
And don't try to be sneaky about price, she adds. Chattels need to be priced reasonably. "You can have a situation where someone says they're selling a house for £215,000 to avoid higher stamp-duty costs," she adds. "But they can't then try to sell you a washing machine for £50,000 to make up the difference."
Remember that being tricky and awkward could cost you a sale. Young mentions one particularly difficult client who wanted to exclude the carpets and demanded £500 for them. The purchasers refused, but on completion, although the carpets had been taken up, the seller had left them rolled up in a downstairs room - the buyers then refused to complete until they were taken away, delaying the sale.
As Scott says, vendors often pay for such unreasonable behaviour. But it works both ways. If you're a buyer, "rub them up the wrong way and you could face bare floorboards".
Parting shot
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Sellers
List clearly what you are including in the sale price. Be prepared to negotiate on electrical items, which can be cheap to replace. Don't strip the property bare - if you're taking the fancy light fittings, replace them with something functional.
Buyers
Be crystal-clear about what you expect your offer to include. Make sure you check the fixtures-and-fittings list to ensure that everything you expect is on it. Don't demand the earth - if you want the chandelier, you may have to pay a bit extra.