SELLER THREW HIS TOYS OUT !!!!

I am in the process of buying and the a similar thing happened. All of a sudden the TV is sentimental value to them, it's unbelievable. We could get solicitor to argue about this but as we really like the property we are still buying it reluctantly.

Maybe it's not the only thing that they will remove all i can say is that I hope it comes back on them in the future.

Just accept it, after all you would only end up throwing the majority of furniture etc out, everybody does once they get a close look at what’s been left.

Do not just accept it!!

If you had a contract (and you should have) then I agree with Ray.

If you didn't have a lawyer or used the selling agents lawyer you may be stuffed 😕

Hi Squibs,

This happened to my in-laws many years ago when they moved to Spain - the difference being that they didn't find out until after completion, when they arrived at the property to find it had been stripped bare.  They had an inventory and immediately went to their Spanish lawyer to complain - she shrugged her shoulders.

As you haven't completed the purchase yet - and if you do have an inventory - you could dig your heels in, but you would need to decide whether you're prepared to walk away, if necessary, from the purchase.

Have you explored, instead, the possibility of negotiating a reduction in the purchase price to compensate for the missing items?  Just a thought.

Hope you can get matters resolved.

Kind regards, 

Kim

Thankyou Kim we are debating that now, the problem is they wont even talk to their own agent and our lawyer says that because it was a verbal (although agreed on email) that we can do nothing.

We are lucky to be able to absorb the loss but they have had to pay double for their new place so their loss with be substantial.

We are looking over the property again the day before we sign but I have a feeling they will have taken the kitchen, and all the bloody fittings aswell.  They have been so petty and childish that I might do the same and pull out on the morning of the signing to see how they like it.

Same here, the advert stated it was furnished and then the seller starting offering us various items at a price, which we refused. Luckily the agent told her she couldn't do this and she accepted it. It was all handy for a while but we've got rid of just about everything she left now.
This is something for your abogado to sort out for you.

Hi Squibs,

When you say that "it was agreed on email", between which parties was it agreed?  Do you have written confirmation from the seller, even if to their agent or lawyer, rather than direct with you, that certain contents would remain?  Is it possible for you to speak direct with the seller to see whether you can resolve matters?

I think your own lawyer needs a little pressure applied to them too!  In your situation, if I couldn't speak direct to the seller, I would write to my lawyer, referencing the email agreement and stating that, unless you receive written confirmation from the seller that all fixtures and fittings will remain in the property, you deem the seller to have frustrated the contract and, in accordance with Spanish law, you expect not only the return of your deposit, but double that amount.  But, as I said before, you would need to decide whether you're prepared to walk away from the deal.

Good luck!  Do let us know how you get on.

Kind regards, 

Kim

Yes it is a shame this has happened and let’s hope it will be useful information for future buyers, we bought our property furnished and all was left apart from the t.v, all other personal items were taken, we also had to give the purchase a good clean! Then we replaced most of the furniture anyway, sooner than later as they say, but the original furniture was included in the final price, so if paid for it should be there, good luck anyway.

I agree, Peter, we bought a bedroom set and two sun loungers from the vendor of our property, and whilst we still have the sun loungers, we have replaced the bedroom set.

However, my primary concern for Squibs is in relation to the kitchen fixtures and fittings he mentioned.  Unlike the UK, the kitchen cabinetry is included in the Contents part of your Spanish Home insurance, not the Buildings element and this could be construed by a vendor, therefore, as something they have the right to remove from the property.  I don't know whether that would stand up in Court, but potentially there's a risk.

Interestingly, when we purchased in Spain (from British vendors), they told us that kitchen 'white goods' had to remain "by law".  It would be useful to know precisely what Spanish law ("ley") says in respect of all these matters - and have details of the relevant laws to quote if necessary.  I'll see what I can find out (checking Jim's Guides in the first instance, as he may already have quoted the relevant law 😉).  This nonsense is the last thing that Squibs needs, but from the many responses on this thread, it's clear he's not the first and almost certainly won't be the last to come up against similar issues.

Kind regards, 

Kim