Lumbered with 10k redocration bill day before completion

samirkhair

Hi,

I moved into my flat 2 years ago and the day before completion I was told (via fax from the seller's solicitor to mine) that an AGM was held the night before to authorise redecoration work that would cost each flat 10k. This didn’t show up on my solicitors search nor did the vendors highlight it in the questionnaire. They claim they have not been living there so were unaware of the potential work.

I was advised (long ago) that it wasn’t worth pursuing. Also, they are not of UK (but are EU) nationality.

So, is there anything I can do? Or is it too late?

Thanks for any advice.

BitterAndTwisted

You could have declined to go ahead and complete once you were in possession of the facts. You chose to complete and therefore tacitly agreed to bear the cost so now you must bear it

Milliewilly

So two years ago you were aware the day before completion that there was a redecoration bill looming of £10K for the flat you didn't yet own but you decided to proceed anyway and now you want to know what you can do about it ????????????

Start saving is my advice.

DVardysShadow

All too late. The time to do something was at completion. Even then it would be difficult.

delmar39

Over and above what's been said above, which I totally agree with, can you not go back to your original solicitor for advice? What did he/she advise at the time? Just because work was authorised does each flat have to pay the £10k i.e. can you not refuse to pay? Seems like a very strange arrangement whereby a group of AGM members can sign each tenant up to paying £10k - who has that kind of money to hand? There's something not right here.....

laughingcow81

delmar39 wrote: »

Over and above what's been said above, which I totally agree with, can you not go back to your original solicitor for advice? What did he/she advise at the time? Just because work was authorised does each flat have to pay the £10k i.e. can you not refuse to pay? Seems like a very strange arrangement whereby a group of AGM members can sign each tenant up to paying £10k - who has that kind of money to hand? There's something not right here.....

I agree...is the OP sure that it wasn't £10k between all the flats?

How many flats are there? Surely just some redecorating doesn't cost 10's of thousands?

maninthestreet

If scaffolding was required to peform the redocoration, this can be very expensive to hire.
The OP had already exhanged contracts, so refusing to complete would have left them open to being sued for breach of contract.

DVardysShadow

maninthestreet wrote: »

The OP had already exhanged contracts, so refusing to complete would have left them open to being sued for breach of contract.

Probably the right way to have dealt with this was to take the £10k off the price. I think seller might have had a responsibility to notify buyer of matters affecting the purchase right up to completion. That I think should have included notification of the agenda of the AGM rather than just the outcome.

samirkhair

I did try to negotiate, but they told me that the improvements would be there for my benefit so they wouldn’t budge on price.

I though I might be able to sue because there was a questionnaire they had to fill in (can’t remember what it was called, but it is official) which has a section highlighting any potential (but not yet official) work.

The improvements were in the pipeline, and it was out to vote that evening. So, my guess is that they new but kept it from me because it wasn’t official yet.

Should have threatened to pull out really, but they timed it very well and I panicked (borrowed the cash from my parents).

Thanks for the advice everybody.

Fire_Fox

You probably could have taken action if the redecoration was under consideration, even if they had not been finalised. But action should have been taken two years ago - you have well and truly missed the boat.

samirkhair

It was my solicitor (and a friend who is also a solicitor) who said the costs incurred would not make the claim worthwhile. Plus it would be difficult recovering the money as they are not UK citizens, but he also said there is a time limit to make a claim (might have been 3 years), if I do decide to proceed.

Thanks again for the advice.