Conveyancing question!

This about Completion.

We have exchanged on a property today and completion on 31 Oct so not much time. The buyers (first time buyers) told us via the estate agent they would be happy to have the white goods and any furniture we want to leave behind as they move in with v little. I have agreed a list and have asked no money (one furniture item is valuable, the rest isnt. The white goods are v old)

on a note to the estate agent to be passed on to the buyer I have listed the items (again) and said they are a gift and reiterated the white goods are out of warranty.

I have not explained all this to the sols. Seems ott and since we dont want money and has been agreed via the estate agent already. Also we are stuck with a not very good locum at the moment.

The washing machine is very old and cant cope with a large load. It doesnt drain and spin properly and sometimes water spurts out of the overflow. It is fine with small loads. I expect this is because the plumbing is full of limescale.

I wish to warn the buyers about this because otherwise they might get a leak and not know why and mare etc. Mr M does not want me to tell the estate agent to pass on this info now he prefers me to leave a note in the kitchen to explain instead. So no audit trail. I want to warn them as otherwise it will come back to bite us.

1) is this OK?

2) do I need to tell the sol all this?

I dont have their dets

Mr M does not want me to say “as a gift” he says it sounds snooty. I could maybe say “included in the sale”??? I just want to make sure no money is changing hands so dont complain if something doesnt work very well.

There is an audit trail already via the estate agent to show that

1) it was the buyer who asked if the white goods were incl (we had deliverately left them off the sale partics in case needed for negotiation)

2) i then replied, listing what we would leave (and no request for money)

3) to which the buyer (via the estate agent) said “brilliant”

And the buyer asked no questions about warranty or anything. The white goods are old I could not ask for ££ for them anyway

The note about how to use the old wahing machine will be typed on a list left for the buyer in the property. But so far, not on any audit trail.

 

Surely since all gratis and actually requested by the buyer without any supplementry qu as to condition would mean there is no come back??

If they haven’t asked if they work then caveat emptor but always better to put this stuff in the contract as the majority of disputes are about what is and isn’t included.

It’s absolutely fine to agree this with the buyer. Without reference to the agent or the lawyer.  They are humans.  You are bing human.  Conveyancers and house chinnies like to think there are issues when there are not. .