Grief from the buyer... AFTER the sale!!!

gatsoman

Hello all.

I recently sold a property in Luton which I had previously rented out. I got my tenants out and then spent a month having the place fully refurbished (new kitchen, bathroom, decoration etc). I lived in it on and off when I was working in the area for about six months until the sale finally went through.

The buyer bought some furniture from me as an aside to the sale - it was stuff the previous tenants had used as it was previously rented as 'furnished'.

The buyer gave me a cheque for these items amounting to £170 on the day of completion. However, I got an email from him yesterday saying he had stopped the cheque as he was having "problems with the property and had to call out a plumber to fix problems he had discovered with the kitchen tap, toilet and two of the radiators amounting to £90. Also had to call a decorator to fix a crack in one of the door frames".

Where do I stand with him now not paying me for the furniture he 'bought' from me because of supposed problems with his new flat? Surely these items are still mine? Am I still responsible for these problems in the flat even though the place is no longer owned by me?! I have explained in my email that he had ample time to survey the flat, and in any case everything was fine while I lived there. I've given him 10 days to pay up. Anyone else think this is taking the p***?

Forum - I am in your hands. Any advice would be great. :mad:

davilown

Hi house, his problem - get the money back off him. He had the house checked before he bought it!

:beer: monster

Doozergirl

I agree. All properties have some defects; unless it's a brand new build, they are the buyer's problem. Caveat emptor!

I'd pursue for the money too. Go get him!

Rave

Definately taking the mick.

david29dpo

the cheque should have been cleared before completion really.

Omertron

Take him to small claims. I assume that you have it in writing that he bought the stuff from you?

Bear in mind that any money that you made from the sale of the house, including the extra furniture is subject to stamp duty, so if this extra £170 takes you over the threshold it may not be worth it.

xela_17

Omertron wrote:

Bear in mind that any money that you made from the sale of the house, including the extra furniture is subject to stamp duty, so if this extra £170 takes you over the threshold it may not be worth it.

That's not necessarily true. You can pay a reasonable amount for fixtures and fittings that aren't liable for stamp duty. Reasonable on a lower band (120k) would be about 1k. Therefore £170 is nothing to worry about.

Jay1b

He's just pulling a fast one. But realistically getting the £170 would be more hassle then its really worth. No £170 wouldnt be a problem for furniture with regards to stamp duty, £5000 might.

irnbru_2

gatsoman wrote:

Where do I stand with him now not paying me for the furniture he 'bought' from me because of supposed problems with his new flat?

Agree with david29dpo, you should have handed over the goods when the funds were cleared. Or just taken cash for them.

gatsoman wrote:

Surely these items are still mine?

They are still yours since you've accepted payment for them and this has not arrived. However, your property is now in someone elses property ....

It's now a civil matter, suggest you go to the CAB and explain the situation.

gatsoman

Thanks for the advice all - I am also of the view that £170 is not really worth the hassle but the principle of it made me fume!

I did go into writing when selling the furniture - and all communications regarding the purchase of it are in writing too so probably a couple of strongly worded emails will get the buyer to pay up.

What made me laugh was the fact the guy, in his email telling me the cheque had been cancelled because of his plumbing woes, copied the email to his solicitor who is probably as puzzled as I am! I wonder if I should mail his solicitor this time copying in the buyer in asking about my standpoint?!

Hawksmuir

I had something similar when I sold my flat.
Initially the deal was set for June 05, however the buyer asked if I could wait another month before exchanging, I agreed, this happened on a monthly basis untill October 05 when the papers were exchanged and I received the cheque.

Then 2 weeks later I received a letter via my solicitors from the buyer complaining that the kitchen sink leaked, demanding I sort it.

I contacted my solicitor, who agreed to send them a letter explaining that because the sale didn't go through in June it had cost me an additional 4 months mortgage payments a total of£1,200, if his client deducted the cost of fixing the sink from this I would accept a cheque for the balance approx £1,000.

Strangely enough nothing came of this