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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We are less than 2 full days away from completing on a house

Resolved Question:

We are less than 2 full days away from completing on a house purchase. We have today received a letter from our conveyancer, saying that there is £473.76 worth of Calor Gas in the property's storage tank & asking us to add this to our completion sum. This is quite literally the first we have heard of this. Our conveyancer presumably thinks it's a reasonable request, but we find it astonishing this has been conveyed to us 4 months into the process and less than 2 days to completion.
Is this normal, and should we make a stand of any sort? We plan to knock down the run down property and re-build, so have no use for the Calor gas anyway - a fact we would have conveyed, had we been given adequate notice. Tomorrow morning we visit our bank to make the CHAPS payment, so this has come at the very last minute.
Any guidance most welcome. Thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that there has been no previous mention of the unused gas between you and the Seller or your Solicitors?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.
Hi Al, yes you are correct, this is quite literally the first we have heard of this, and the process has dragged on a bit, for over 4 months - so there has been plenty of opportunity.
Thanks.
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Well, generally it would be normal for a Buyer to pay for whatever gas is left, at slightly less than the standard price, so it saves them having to "fill up" on completion. It would also be normal for this to have been discussed between the Solicitors and discussed with the clients before exchange of Contract.

However, I note you will be redeveloping and your circumstances are different to the usual situation.

On the basis that there is nothing in the Contract to say you will pay for the unused gas (which is unlikely if nothing has been mentioned previously by your Solicitor), you are under no duty or obligation to pay for the gas if you don't want it/need it.

It is therefore a problem for the Seller, as opposed to you, ad you should let your Solicitor know in the morning that you are not interested in purchasing the gas.

I hope this assists you.

Kind Regards

AL

Customer: replied 2 years ago.
Thank you. Upon reference to our documents, the TA10 form States that LPG is included - or at least that section has been checked, along with other included items, like light switches etc. This item additionally has a 'yes' next to it. It's a messy form, but is that the part of the document we can refer to?
Expert:  Aston Lawyer replied 2 years ago.

Hi,

The Fittings and Contents Form is to be used to note what fittings and contents the Seller will be leaving, but doesn't include or mean that you ar eunder a duty to pay for the gas.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you - but can we use this form to support our position that we believed the gas to have been included in the sale - which indeed, it indicates?
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Oh- I see what you are getting at. Yes, you certainly can, but it is the Solicitors faults not to have mentioned this issue previously, so you can blame them also!

All the Best

AL

Customer: replied 2 years ago.
Thank you - that's very helpful. It certainly has never been brought to our attention before now.
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks!

If I have assisted, I would be grateful if you could leave positive feedback.

Kind Regards

AL

Customer: replied 2 years ago.
Will do. It's been very helpful to have access to this advice outside of business hours. Positive feedback to follow.
Kind regards.