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    • H031990
    • By H031990 10th Oct 17, 5:27 PM
    • 6Posts
    • 6Thanks
    H031990
    Buyer tbreatening court
    • #1
    • 10th Oct 17, 5:27 PM
    Buyer tbreatening court 10th Oct 17 at 5:27 PM
    I'm just posting to see if anyone has a bit of advice really, we sold our house and completed on the 29th of Septemeber. On the 5th of October we received an email from the buyers solicitor saying that the back patio door would not open and that if we didn't get if fixed immediately they would he taking us to court to sue. Now we know for a fact that the doors were working on the day we moved out, as we had to have them both open for our removal company. We will not accept liability for this and today received the following "With regard to the patio door your client states this was in working order “prior to completion”. Our client checked the day after completion when she collected the keys and no one else had been in the property. We cannot see legal and factual the basis for your client’s denial of liability." Can anyone advice on next steps?
Page 1
    • Alderbank
    • By Alderbank 10th Oct 17, 5:30 PM
    • 95 Posts
    • 93 Thanks
    Alderbank
    • #2
    • 10th Oct 17, 5:30 PM
    • #2
    • 10th Oct 17, 5:30 PM
    Is the house in Scotland?
    • H031990
    • By H031990 10th Oct 17, 5:31 PM
    • 6 Posts
    • 6 Thanks
    H031990
    • #3
    • 10th Oct 17, 5:31 PM
    • #3
    • 10th Oct 17, 5:31 PM
    Nope England.
    • Grenage
    • By Grenage 10th Oct 17, 5:37 PM
    • 1,324 Posts
    • 1,254 Thanks
    Grenage
    • #4
    • 10th Oct 17, 5:37 PM
    • #4
    • 10th Oct 17, 5:37 PM
    Ignore the letter, they're trying their luck and have !!!!!! all chance.
    • H031990
    • By H031990 10th Oct 17, 5:42 PM
    • 6 Posts
    • 6 Thanks
    H031990
    • #5
    • 10th Oct 17, 5:42 PM
    • #5
    • 10th Oct 17, 5:42 PM
    Really? Do they have a leg to stand on to take us to court? It's more frustrating knowing that the doors were fine. I know they weren't happy at how much they paid - 5k under asking price - but we declined their many silly offers. They also told us that the house was for them to live when they viewed and we had a chat with them. They said the house would be lovely for their daughter. The house is now on rightmove as a rental.
    • Grenage
    • By Grenage 10th Oct 17, 5:44 PM
    • 1,324 Posts
    • 1,254 Thanks
    Grenage
    • #6
    • 10th Oct 17, 5:44 PM
    • #6
    • 10th Oct 17, 5:44 PM
    Even if the doors were broken, it's sold as seen. Unless you've filled out a form saying that the patio doors were not broken, it really doesn't matter.

    Buyer beware!
    • gax23
    • By gax23 10th Oct 17, 5:45 PM
    • 203 Posts
    • 77 Thanks
    gax23
    • #7
    • 10th Oct 17, 5:45 PM
    • #7
    • 10th Oct 17, 5:45 PM
    Caveat emptor.

    None of your business or responsibility what happens after the sale’s done. Tell them to claim on the buildings insurance they should have had in place since exchange.

    Actually, scrap that. I wouldn’t even waste my time replying to them.
    • Slinky
    • By Slinky 10th Oct 17, 5:49 PM
    • 4,757 Posts
    • 20,756 Thanks
    Slinky
    • #8
    • 10th Oct 17, 5:49 PM
    • #8
    • 10th Oct 17, 5:49 PM
    Are they standard patio doors? I only ask as the ones on the house we've just bought are slide and tilt. There's a knack to opening them and you have to be quite 'assertive' otherwise you can't get the slide mechanism to engage, if you're a bit too cautious, you can only get it to tilt.
    • H031990
    • By H031990 10th Oct 17, 5:57 PM
    • 6 Posts
    • 6 Thanks
    H031990
    • #9
    • 10th Oct 17, 5:57 PM
    • #9
    • 10th Oct 17, 5:57 PM
    Thanks for the replies. They're actually French doors
    • Slinky
    • By Slinky 10th Oct 17, 6:08 PM
    • 4,757 Posts
    • 20,756 Thanks
    Slinky
    Do they have the handles where you have to lift the handle to engage the bolts before turning the key to lock? If they're not used to this sort of door that could be the problem.

    Or is there a bolt at the top they haven't noticed?
    • G_M
    • By G_M 10th Oct 17, 6:19 PM
    • 42,269 Posts
    • 49,096 Thanks
    G_M
    Do not reply. At all.

    Replying does 2 things:

    * it opens a dialogue which then becomes hard to end

    * it risks you saying sometthing which just might help them legally if it ever went to court (which it almost cetainly won't).

    File the email and ignore. completely. Along with any future eails.
    • H031990
    • By H031990 10th Oct 17, 6:36 PM
    • 6 Posts
    • 6 Thanks
    H031990
    Slinky, they're super easy to use. Lift the handle and turn the key to lock and just turn the key to unlock.
    • kinger101
    • By kinger101 10th Oct 17, 7:22 PM
    • 3,955 Posts
    • 5,413 Thanks
    kinger101
    You should have said nothing. If you have implied they were functional at exchange of contracts, then they needed to work at completion. OK, so they might have broke them* (or simply don't know how to operate them), but without confirmation from you that they worked after exchange, it would be much less likely that they'd pursue this.

    I'd just shut up. If you do end up in court, you could always ask the removal company to confirm they opened at completion, but I doubt it will get that far.

    *e.g., by removing them to get furniture in.
    • Car1980
    • By Car1980 10th Oct 17, 8:52 PM
    • 234 Posts
    • 113 Thanks
    Car1980
    The onus is on them to make their case in any court claim.

    So they would likely need a date stamped video of them trying the door shortly after completion. Not a photo taken on October 4th.
    • Cakeguts
    • By Cakeguts 10th Oct 17, 10:11 PM
    • 3,274 Posts
    • 4,562 Thanks
    Cakeguts
    There is no way that they can prove this one way or the other. In any case once they have bought the house it is their problem and how much does a lock on some patio doors cost to replace or do they think that they are going to get some new doors out of the situation?

    They say they can't open the doors you say they opened on removal day. How do they think that they are going to prove that they broke between you moving out and them moving in?
    • steampowered
    • By steampowered 11th Oct 17, 12:45 AM
    • 1,948 Posts
    • 1,823 Thanks
    steampowered
    I would probably ask them to explain the legal basis on which they say you are liable.

    They are the claimant, it is up to them to nail their colours to the mast.
    • Tiners
    • By Tiners 11th Oct 17, 5:33 AM
    • 223 Posts
    • 222 Thanks
    Tiners
    Engaging their solicitor has probably already cost them more than the price of a new barrel or lock mechanism (that's if they are actually broke at all!)

    God help their future tenants if this is how they deal with such a minor issue.
    • aneary
    • By aneary 11th Oct 17, 8:51 AM
    • 803 Posts
    • 699 Thanks
    aneary
    Engaging their solicitor has probably already cost them more than the price of a new barrel or lock mechanism (that's if they are actually broke at all!)

    God help their future tenants if this is how they deal with such a minor issue.
    Originally posted by Tiners
    Their future tenants will probably find a deduction in their deposit for the doors.
    • chappers
    • By chappers 11th Oct 17, 9:04 AM
    • 2,948 Posts
    • 1,701 Thanks
    chappers
    just ignore them would be my advice.
    • G_M
    • By G_M 11th Oct 17, 10:27 AM
    • 42,269 Posts
    • 49,096 Thanks
    G_M
    I would probably ask them to explain the legal basis on which they say you are liable.

    They are the claimant, it is up to them to nail their colours to the mast.
    Originally posted by steampowered
    Whilst this is true, it is pointless and counter-productive asking them.

    Why commence a debate with them?

    Ignore.

    If (won't happen) they start court action, that is the time to start questioning their claim.
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