Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Sunday 26 June 2011

Buyers Should Inspect Premises Prior to the Exchange

It is not an uncommon problem for the seller to remove fixtures and fittings of a property and sell the property “in its present state and condition.” There have been cases where the seller removed all the light bulbs or even the waste disposal unit leaving no waste pipe in its place, so when the buyer turned on the tap in the kitchen the water came out on the floor!

Leaving the issue of fraud aside, the moral of such cases for the buyer is always to inspect the property immediately prior to the exchange of contracts and make sure that all fixtures and fittings are still in the property and the property is not damaged.

The importance of inspection immediately before the exchange became paramount in a recent court case. The buyer inspected the property over many hours and two weeks before the exchange took place. However, between then and the date of exchange thieves stole many of the fixtures causing about £300,000 damage.

The question before the court was who was liable for the loss: the buyer or the seller? The judge ruled that in the absence of fraud the contract placed the risk on the buyer. The buyer should have inspected the property immediately before the exchange to ensure all is in order.

Alireza Nurbakhsh - Commercial Property Solicitor - 0845 270 2511

Labels: Exchange of Contracts, Fittings and Fixtures, Inspection