A seller can check by comparing the fixtures and furniture described in the formal agreement with the items agreed to be included in the sale price. The list should also be consistent with the basic terms recorded in the provisional agreement.
The Estate Agents Authority states that fixtures and furniture included in the price should be listed in the formal agreement. It also states that the formal agreement incorporates the basic terms agreed between the parties.
How to check the list
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Locate the relevant wording. Find the part of the formal agreement that identifies the fixtures and furniture included in the price.
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Compare each item with the agreed sale terms. Check that every item said to be included appears in the formal agreement. Flag any missing item, extra item or changed description rather than assuming its status.
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Compare the provisional agreement. Check that the basic terms agreed at the provisional stage have been carried into the formal agreement.
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Look for unclear descriptions. Terms should identify the same item throughout the documents. If the wording is incomplete or inconsistent, it should not be treated as a resolved inclusion or exclusion.
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Seek confirmation before proceeding. Any mismatch should be raised for written confirmation and, if necessary, correction by the appropriate legal adviser before the seller relies on the list.
What the seller must still confirm
The cited Estate Agents Authority material does not provide a property-specific inventory, a standard description for each item, or a prescribed method for resolving a disputed item. The seller therefore still needs to confirm:
- exactly which fixtures and furniture are included in the price;
- whether each item is described consistently across the sale documents;
- whether every relevant provisional term has been incorporated into the formal agreement; and
- how any omission, conflict or unclear description will be corrected.
This is a document-consistency check only. It does not confirm the physical presence or condition of an item at handover.