David Kok Weng Tuck from David Kok & Partners

Contributed by David Kok Weng Tuck (David Kok & Partners)

Nowadays people buy and sell properties with fixtures and fittings. Therefore, it is advisable to know how to go about this kind of purchase so that the parties are clear about the fixtures and fittings they are selling or buying.

Most of the time vendors and purchasers go through the transaction with the service of appointed real estate agents or negotiators.

Upon the interest of purchaser to purchase the said property with fixtures and fittings, the agent or negotiator will prepare the letter of offer to purchase to be executed by both the vendor and purchaser. In the said letter of offer, the identity of the purchaser and vendor, the property details and purchase price amongst others would be listed.

If you are purchasing the property with fixtures and fittings, it would be advisable to request the agent or negotiator to list the fixtures and fittings in the said letter of offer to purchase so that the items can be identified and verified by both parties.

The list of fixtures and fittings would then be incorporated into the Sales and Purchase Agreement by the respective solicitors representing the parties.

A lot of such vendors and purchasers do incorporate such list of fixtures and fittings on the letter of offer to purchase, but sometimes they tend to be too general on the crucial items.

For example, if you are buying a property with three air conditioners do not just list down on the letter of offer to purchase as “three air conditioners”. You should list down 'one 2hp air conditioner, one 1.5hp air conditioner or one 1hp air conditioner' to be specific.

Better still, you should list down 'one 2hp National air conditioner, one 1.5hp National air conditioner or one 1hp National air conditioner'. This will prevent you from being stuck with items that are not listed correctly in the letter of offer.

Those days when I was a solicitor, I used to ask my clients whether they are purchasing a property together with fixtures and fittings and if they inform me that it comes with a hot water shower, I will list down one hot water shower on the Sales and Purchase Agreement. Nowadays if they informed me of the same, I would ask them to be more specific. This is because the rain shower head alone may cost more than a thousand ringgit. If you are not careful, at the end of the transaction, the purchaser will obtain a hot water shower which costs only about RM300.00 and not the hot water rain shower he thought he was going to obtain.

Many years ago, my client wanted to purchase a house. As usual, I asked him whether the property comes with any fixtures and fittings. He replied that it was just a base unit. Then he hesitated and asked whether the kitchen counts? I suggested that it would be better to write it down since it counts. We did our best to describe the kitchen using words. We described that it contained a kitchen sink, countertop, cupboards or cooking hob etc.

I also advised my client to take some pictures of the kitchen.

The transaction went smoothly until the end of the transaction when we discovered that the vendors had removed the top cupboards of the kitchen to his new premises. But because we had such clauses incorporated in the letter of offer and the Sales and Purchase Agreement as well as the photographs, the vendor had no choice but to make restitution to my client.

In conclusion, don’t presume just because the vendor says that they will give you certain fixtures and fittings.

Always write down the list of the fixtures and fittings on the letter of offer and the Sales and Purchase Agreement. Be more specific on the important items and if possible, take photographs of the same to prevent any regret at the end of the transaction.

Happy House Hunting!