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  • FIRST POST
    • Avocadotoast
    • By Avocadotoast 15th Jun 17, 11:01 PM
    • 29Posts
    • 10Thanks
    Avocadotoast
    Help! Buyer asking questions AFTER completion!!
    • #1
    • 15th Jun 17, 11:01 PM
    Help! Buyer asking questions AFTER completion!! 15th Jun 17 at 11:01 PM
    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
Page 1
    • Red-Squirrel
    • By Red-Squirrel 15th Jun 17, 11:11 PM
    • 1,520 Posts
    • 4,091 Thanks
    Red-Squirrel
    • #2
    • 15th Jun 17, 11:11 PM
    • #2
    • 15th Jun 17, 11:11 PM
    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.
    Last edited by Red-Squirrel; 15-06-2017 at 11:13 PM.
    • Avocadotoast
    • By Avocadotoast 15th Jun 17, 11:18 PM
    • 29 Posts
    • 10 Thanks
    Avocadotoast
    • #3
    • 15th Jun 17, 11:18 PM
    • #3
    • 15th Jun 17, 11:18 PM
    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
    • By eddddy 15th Jun 17, 11:22 PM
    • 4,978 Posts
    • 4,635 Thanks
    eddddy
    • #4
    • 15th Jun 17, 11:22 PM
    • #4
    • 15th Jun 17, 11:22 PM
    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
    • By Red-Squirrel 15th Jun 17, 11:29 PM
    • 1,520 Posts
    • 4,091 Thanks
    Red-Squirrel
    • #5
    • 15th Jun 17, 11:29 PM
    • #5
    • 15th Jun 17, 11:29 PM
    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.
    Originally posted by eddddy
    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.
    • Avocadotoast
    • By Avocadotoast 15th Jun 17, 11:32 PM
    • 29 Posts
    • 10 Thanks
    Avocadotoast
    • #6
    • 15th Jun 17, 11:32 PM
    • #6
    • 15th Jun 17, 11:32 PM
    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
    • By Red-Squirrel 15th Jun 17, 11:36 PM
    • 1,520 Posts
    • 4,091 Thanks
    Red-Squirrel
    • #7
    • 15th Jun 17, 11:36 PM
    • #7
    • 15th Jun 17, 11:36 PM
    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.
    • Avocadotoast
    • By Avocadotoast 15th Jun 17, 11:58 PM
    • 29 Posts
    • 10 Thanks
    Avocadotoast
    • #8
    • 15th Jun 17, 11:58 PM
    • #8
    • 15th Jun 17, 11:58 PM
    Thanks again. I'll leave it at the responses. Fingers crossed it all settles down.

    Avo
    • christabell
    • By christabell 16th Jun 17, 1:02 AM
    • 417 Posts
    • 2,522 Thanks
    christabell
    • #9
    • 16th Jun 17, 1:02 AM
    • #9
    • 16th Jun 17, 1:02 AM
    I am sorry, I can't comment but I do wish you the very best of luck
    Today, my BEST is good enough.
    • TBagpuss
    • By TBagpuss 16th Jun 17, 8:52 AM
    • 5,785 Posts
    • 7,553 Thanks
    TBagpuss
    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.
    Originally posted by Red-Squirrel
    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.
    • Avocadotoast
    • By Avocadotoast 16th Jun 17, 7:52 PM
    • 29 Posts
    • 10 Thanks
    Avocadotoast
    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.
    Originally posted by TBagpuss
    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?!
    • goodwithsaving
    • By goodwithsaving 16th Jun 17, 9:21 PM
    • 552 Posts
    • 808 Thanks
    goodwithsaving
    I can't say anything useful other than that I feel for you. I had the same, and having constant reminders of an 'old life' when you are just trying to move on is horrible. I hope they clear off soon enough.
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
    • Avocadotoast
    • By Avocadotoast 16th Jun 17, 10:35 PM
    • 29 Posts
    • 10 Thanks
    Avocadotoast
    I can't say anything useful other than that I feel for you. I had the same, and having constant reminders of an 'old life' when you are just trying to move on is horrible. I hope they clear off soon enough.
    Originally posted by goodwithsaving
    Really appreciate the understanding and sorry to hear you've been through similar.

    The whole situation (relationship breakdown/selling) from beginning to end has been horrendous and hugely contributed to a rapid decline in my condition meaning I've not been able to work for a whole year. The house is so gorgeous and lovely, there's nothing to complain about. Although it was a necessity to sell I was sad to see it go. I was so relieved to finally be able to move on from it a little, mentally...until I got that email and it just floored me. It is tough to be sitting on benefits eating beans on toast having lost a great life (amazing job, nice lifestyle, house) that I loved and hearing people complain about my old dishwasher. It all feels a bit absurd really. Or like a very bad joke.

    Anyway, that's all by the by in terms of the legality/resolution of the situation and is just the human side to the issue. The buyers clearly feel upset and that of course is important to them. But hell, it's very hard to have to deal with more trouble when I need to move away from all the stress and concentrate on getting well.

    Thanks all, you've been really reassuring and that massively helps given my stress levels and illness xx
    • konark
    • By konark 17th Jun 17, 12:22 AM
    • 847 Posts
    • 658 Thanks
    konark
    So you left an old broken fridge in the property you sold? I'm surprised they're not billing you for a trip to the skip.
    • mark5
    • By mark5 17th Jun 17, 1:42 AM
    • 1,157 Posts
    • 776 Thanks
    mark5
    So you left an old broken fridge in the property you sold? I'm surprised they're not billing you for a trip to the skip.
    Originally posted by konark

    It could have been an integrated type that's part of the kitchen, if the seller ticked the box to say it's staying then it needs to stay.
    • AnotherJoe
    • By AnotherJoe 17th Jun 17, 7:49 AM
    • 7,062 Posts
    • 7,537 Thanks
    AnotherJoe
    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!!
    Originally posted by Avocadotoast
    I'd have expected it to be declared in the fixtures and fittings form. Did you do that ?
    • teddysmum
    • By teddysmum 17th Jun 17, 12:40 PM
    • 8,045 Posts
    • 4,807 Thanks
    teddysmum
    It could have been an integrated type that's part of the kitchen, if the seller ticked the box to say it's staying then it needs to stay.
    Originally posted by mark5

    It also gives the buyer the choice of costing a repair or replacing.


    As integrated appliances are generally more expensive , a repair which would not be worthwhile on a freestanding model may turn out cost effective.
    • teddysmum
    • By teddysmum 17th Jun 17, 12:44 PM
    • 8,045 Posts
    • 4,807 Thanks
    teddysmum
    This sounds like someone playing on the known fridge problem to get some free new appliances.
    • AnotherJoe
    • By AnotherJoe 17th Jun 17, 12:57 PM
    • 7,062 Posts
    • 7,537 Thanks
    AnotherJoe
    This sounds like someone playing on the known fridge problem to get some free new appliances.
    Originally posted by teddysmum
    To me it sounds like the OP not filling in the F&F form correctly but instead sending their cheap online conveyancer an email telling them the fridge isn't working and incorrectly assuming they would then contact the purchasers and tell them that.
    • Red-Squirrel
    • By Red-Squirrel 17th Jun 17, 1:17 PM
    • 1,520 Posts
    • 4,091 Thanks
    Red-Squirrel
    To me it sounds like the OP not filling in the F&F form correctly but instead sending their cheap online conveyancer an email telling them the fridge isn't working and incorrectly assuming they would then contact the purchasers and tell them that.
    Originally posted by AnotherJoe
    The OP says they 'declared in the paperwork that the fridge wasn't working'.

    Sounds like the PIF to me.
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