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Help! Buyer asking questions AFTER completion!!

Hi everyone,

The sale of my jointly owned house completed at the end of May. Yesterday I received an email from our conveyancing solicitors with a letter attached from the buyer's own solicitor.

They have asserted that the top oven is not working, the dishwasher trips the electrics and that the fridge is not working. They have also forwarded a bill from a debt collection agency acting on behalf of British Gas that arrived at the property.

Now, I declared in the paperwork that the fridge was not working. There has never been an issue with the oven and the dishwasher has not once tripped anything. The (erroneous) gas debt has been recalled by British Gas and is being put in mine and my ex-partner's names to be corrected so correspondence will go to us directly.

Can you please advise me? I've gone back with the above info - but this all seems nonsensical. Should I continue to correspond over this? What are my rights and will the conveyancing solicitor charge me for returning my responses? I doubt my ex will get involved at all so I'll be left dealing with it. Given I'm on sickness and disability benefits and am about to declare bankruptcy I have no way of paying for legal input.

Thanks!!!

Avo
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Comments

  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    edited 15 June 2017 at 10:13PM
    Just ignore it.

    If you've been honest through the purchase process, you don't need to worry. Really, the buyer's solicitor should have known better than to forward the letter on.

    In England, you basically buy a house 'sold as seen' and there is always a risk that you find problems when you move in, or that new problems happen within a day or two of moving in.
  • Thank you, Red-Squirrel. Is it ok then that I responded? The solicitor we used has not sent my response on to the buyers yet. Should I halt them or just let them send and leave things at that?

    Avo
  • eddddy
    eddddy Posts: 16,293
    First Anniversary First Post Name Dropper
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    From a previous post, it sounds like you may be in Scotland.

    It's worth clarifying that, as I believe the rules in this area may be different in Scotland from England and Wales.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    eddddy wrote: »
    From a previous post, it sounds like you may be in Scotland.

    It's worth clarifying that, as I believe the rules in this area may be different in Scotland from England and Wales.

    Ah ok.

    Sorry OP, I'm afraid I don't know about the system in Scotland so won't say more. There are posters here who do though so hopefully someone will be along soon.
  • Hi both,
    I now live in Scotland but house is firmly on South East soil in England so English system applies.

    What do you think with regard to my replying. Hope I'm not opening a can of worms if my response is sent.

    Avo
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    It won't do any harm, and I suppose it might let them know that you won't be taking any responsibility for their new house, but you aren't under any obligation to respond to them at all.

    The only thing you should respond to is if they go as far as a small claims court, but I doubt they will if they are consulting a solicitor.
  • Thanks again. I'll leave it at the responses. Fingers crossed it all settles down.

    Avo
  • christabell
    christabell Posts: 427
    First Anniversary Combo Breaker
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    I am sorry, I can't comment but I do wish you the very best of luck
    Today, my BEST is good enough.
  • TBagpuss
    TBagpuss Posts: 11,198
    First Post First Anniversary Name Dropper
    Forumite
    Just ignore it.

    If you've been honest through the purchase process, you don't need to worry. Really, the buyer's solicitor should have known better than to forward the letter on.

    In England, you basically buy a house 'sold as seen' and there is always a risk that you find problems when you move in, or that new problems happen within a day or two of moving in.

    that's not quite correct. The house must be in the same condition at completion as it was at exchange, so if (for instance) the oven had died between exchange and completion you would be responsible for fixing it or for reaching a compromise with the buyer.

    However, in your case, it sounds as though the situation with the firdge is as it was on exchange and was notified to them, and on what you say, if the oven has broken that happened after completion, which is not your responsibility.

    I don't think that fuses tripping would be your responsibility either way.

    So far as the debt collection issue is concerned that is not your responsibility - the debt collectors can't access the house or take anything from the new owner, and you can't control them.

    So I think that sending a single response in the terms you have is fine.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TBagpuss wrote: »
    that's not quite correct. The house must be in the same condition at completion as it was at exchange, so if (for instance) the oven had died between exchange and completion you would be responsible for fixing it or for reaching a compromise with the buyer.

    However, in your case, it sounds as though the situation with the firdge is as it was on exchange and was notified to them, and on what you say, if the oven has broken that happened after completion, which is not your responsibility.

    I don't think that fuses tripping would be your responsibility either way.

    So far as the debt collection issue is concerned that is not your responsibility - the debt collectors can't access the house or take anything from the new owner, and you can't control them.

    So I think that sending a single response in the terms you have is fine.

    Hi TBagpuss,

    Thanks for that advice. Everything certainly was the same upon exchange and completion. They were a week apart precisely and there was no change to any fixtures/fittings etc. whatsoever in that time.

    My slight concern now is that the solicitors we used have not gotten back to me prior to sending my intended response on to the buyers. I asked them for confirmation that they declared the fridge as not working. They're an online outfit appointed by my ex. I have an email trail showing that I declared the fridge situation to them so I was slightly bemused as to why the buyers are even asking about it! So, my nervousness comes from the silence of the solicitors - if they have screwed up and not been honest with the buyers, then what are the consequences?!
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