5 Buying and Selling Property
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3. Offers, exchange of contract and completion
4. What the price should include
The items normally included with a property when it is sold are often called 'fixtures and fittings'. There can be arguments over whether things like light fittings or built-in furniture should be:
- taken away by the seller;
- included in the sale; or
- offered for sale separately.
If you are selling, your solicitor will normally get you to make a detailed list of what is included. This list will form part of the contract. If you are a buyer, check what is included and assume that anything not listed is not included.
If the seller takes away items that were included in the price, the buyer can ask for them back or ask for compensation.
Property boundary problems
If you are buying a property that includes land, it's important to know exactly where the boundaries lie and who has responsibility for maintaining things like fences. It can be difficult to resolve any disputes later. If plans in the deeds or at the Land Registry are unclear, ask the seller to sort this out before you exchange contracts.
Make sure your solicitor or conveyancer shows you the official Land Registry plan so that you, and your surveyor if you have one, can compare this with the boundaries as they actually appear and as they are shown on the plan. Remember, your solicitor or conveyancer does not visit the property personally.
Buying with someone else
If you want to buy a home jointly with someone else, you should speak to a solicitor about which kind of joint ownership is best for you. There are two types of joint ownership:
- 'Joint tenancy' is where neither of you can sell without the other's agreement (unless you are a couple who separate and a court order the sale). If one person dies, the joint owner automatically inherits the other's share.
- 'Tenancy in common' is where each owner can sell (or give away) their share as they wish, either in their will or during their lifetime. 'Tenants in common' can have unequal shares in the property if they want. Tenancy in common is often used where the buyers have made unequal contributions to the cost of buying the property, and want to receive unequal payments if the property is sold, or if they want to pass on their share in the property to someone other than the co-owner in their will.
If your relationship with your co-owner breaks down and you cannot agree who should live in the property in the short term or whether it should be sold, this may have to be decided by a court. If you are in this situation, it is important to seek legal advice as soon as possible.
For more about this, see the Community Legal Advice leaflet 'Living Together'.
5. Problems with solicitors and conveyancers
8. Leasehold, freehold and commonhold properties
9. Mortgage and money problems
10. Neighbour disputes and anti-social behaviour
This leaflet was written by the Legal Services Commission (LSC). It was written in association with Shelter.
Leaflet Version: April 2006