Buyer Beware?

dorsoduro

We completed on our sale in autumn 2010 and have just received a letter from our purchaser's solicitors.

The property we sold had a fairly large area of flat roof and apparently, after completion, the flat roof developed a leak, resulting in considerable damage. This occurred during a very cold period late last year, before the purchasers had moved in. After completion, the purchasers asked us by text if we had experienced any problems with the flat roof, and we replied (truthfully) that we had not. In fact, we had it checked and maintained annually and, before putting the house on the market, had a builder check it out who told us that all was well.

Our purchaser's solicitors are now claiming misrepresentation by us as to the state of the roof, and are accusing us of not telling the truth, followed by some rather eyewatering demands for money by way of recompense. Their roofer claims that it would have been impossible for us not to have encountered problems with the roof prior to the sale, but we honestly had not - it has flooded a room that we used every day until the day we moved out.

Strangely, in view of the property's age, our purchasers only had a valuation survey done; we assume this is why they are pursuing us for misrepresentation, rather than a surveyor for negligence.

We obviously plan to take legal advice, but some experienced and expert opinions as to whether our purchasers have any sort of case would be most appreciated, as this is all horribly worrying.

Mazzawa

HI

I'm no expert but just wanted to say make sure you have all invoices for the annual roof inspections handy - if you have a good few years of them then this is evidence in your favour, especially if you did have one done before putting it on the market.

Flat roofs are notorious for being completely fine and then suddenly there's a gaping hole - it's unfortunate. Bad weather, as I'm sure you are aware, can contribute to this, especially the harsh conditions we had in Dec so it's no surprise something has happened after you've exchanged - you can't be responsible for snow, ice, hail, monsoons, tornados....

Also, if they only had a valuation survey done then I'm afraid it's also their own fault - although it sounds like a survey wouldn't have shown anything anyways if your roofer gave it the ok.

Best of luck with everything.

Wyndham

Yes, it's horribly worrying, and that's why they've sent the letter. To scare you into paying. If you are sure you are right, then stand your ground. It sounds as if they are trying it on.

I was once told that a flat roof needs renewing about every 10 years, but some can last 20. They do not last forever, and while the dates may be unfortunate, it's not your fault.

And anyone reading this thinking about surveys, my advice is to ALWAYS have a homebuyers survey, not just a valuation survey. It costs more, but could save you a fortune.

Incyder

They failed to have a proper survey and it sounds like they failed to insure the property on completion against all risks or else they would be claiming from them.

If you have written confirmation from your builder that his last inspection showed it was fine then send a photo copy to their solicitor.

BitterAndTwisted

These buyers are flying a kite! Most solicitors will write any letters you like as long as they're not libellous and you pay their fee. I suspect that the buyer's solicitor has already warned them that they won't get anywhere with their threats but has agreed to write a letter on their behalf in any case.

Please don't waste too much money on hiring a legal professional to respond. They're obviously newbie buyers who don't understand the concept of "caveat emptor" who should have paid for a proper survey and chose not to.

If the flat roof wasn't leaking on the date of completion then it ceased to be your responsibility on that date.

evoke

Incyder wrote: »

They failed to have a proper survey and it sounds like they failed to insure the property on completion against all risks or else they would be claiming from them.

My understanding is that the property you are buying must be insured from the day of exchange onwards (and not completion). In fact, this would be a requirement of the lender anyway (to the best of my knowledge).

The new owners should be claiming on their buildings insurance unless it's normal wear and tear.

OP: tell the buyer's solicitor to stick the claim where the sun doesn't shine. If you've had no leaks whilst you were living in the property then you've had no leaks.

sooz

dorsoduro wrote: »

The property we sold had a fairly large area of flat roof and apparently, after completion, the flat roof developed a leak, resulting in considerable damage. This occurred during a very cold period late last year, before the purchasers had moved in.

That would be the key word. Their house. Not yours.
It's unfortunate, but not your problem that they left their house unoccupied, & damage occured.

roseland69

Sounds like they are trying to put the willies up you by sending you this letter. Its their problem, not yours.

IronWolf

In order to successfully get money from you they would have to prove that you had knowledge of a faulty roof and withheld that information. If you had the roof checked before the sale then perfect, there's your witness and they have no case against you.

kkgree1

We bought our current house in November 2010.
We have a flat roofed extension that was built in 2005. Our homebuyers survey flagged up the roof and said we should set money aside to replace it within 5 years.

Last weekend during driving wind and rain we found a leak with water dripping through the light fitting in the downstairs toilet (in the extension). Luckily it's been dry since and as it looks like a small leak, we are hoping a bitumen repair this weekend will do the trick before we look at getting it replaced in the spring/summer. To add insult to injury, a piece of the barge boarding has come off the gable end as well but we're getting this looked at next week.

Are we blaming the seller's? No Are we blaming the surveyor? No

We didn't expect to replace them this early but these things happen with houses and I think people are far too quick to point the finger especially so soon after purchasing a house. My advice like others is to ignore them.

savemoney

I was on receiving end of this when we moved house on feb 1st 2007. Flat roof over bay window leaking. It must have leaked before we moved in because we cloud see black mould on wall which was on inner edge of bay window which was hidden by curtains. We didn't pursue this didn't think we could just paid to have roof done with epdm roof liner, same with porch whilst it didn't leak not suitable drainage for stagnant water to go, ie drain so got wet when shut door if it rained heavily costs us around £800