Sold property and roof caved in, HELP URGENT!!!

braken2000

Hi everyone,

My mum is having a problem. I will start from the start.

My mum sold her property to an absolute fart of man. Seriously, like a dog with a bone, he will not go away. Anyhoo, she sold the property and exchanged keys. They did not immediately move in as we were still moving out. We found out whilst moving that a flat roof had decided in all its wisdom to cave in, talk about timing. It was due to severe (almost) rain on the day.

He came round, eyed it up, and went "my solicitor will talk to you about this". I was later informed by fart-man that it has to be left "watertight".

He is now taking me to the litigation process and I and my mum are very worried. She does not have the money to cover the costs.

He is also trying to claim on something that was mentioned on a basic survey, a problematic drain on the driveway.

However, I digress, do I have any rights? I gave him the keys and it is his fault he did not check the property?

WHAT SHOULD WE DO???

Thanks in advance

Braken

lynzpower

I dont think hes got any grounds as far as I kinow ( although im no expert) my understanding is that surely he should have had a survey, if that survey says ah the roof is knackered then he would then negotiate the price. If hes not happy with this then he doesnt buy it.

I hope im right for your mums sake

braken2000

so do I. The only thing is, it was not a structual survey. It was a basic one and apparently the flat roof was not mentioned. Im honestly not sure what to think. I think he is just trying to sponge my Mum, which is obviously not on.

Gorgeous_George

If it collapsed before contracts were exchanged, you need to leave it watertight. If it collapsed after contracts were exchabged, he needs to deal with it.

Buildings insurance may cover some or all of the cost.

Your abusive name for this man adds nothing to your argument.



GG

braken2000

He is an absolute *******e, lol, he shall now be known as Mr X, im not sure if the contracts were exchanged. But i know there was a big problem with them. The whole chain thing. So if the contracts were exchanged, no beef. We are starting to think he does not have home insurance and is trying to get out of it.

If however, the contracts were not exchanged, what would be the worst thing to happen? what if my mum cant afford to fix it?

ginger_nuts

even on a basic survey it should say something like roof needs to be checked or further investigation .surveyors generally cover themselves with broad statments like that .If there is nothing on the survey then he can TRY and sue his surveyor . My first house had a flat roof which had to be replaced .It was picked up on the basic survey .

FleetFanatic

Surely, as the buyer is responsible for getting a proper survey done, the seller is in the clear on this one, providing it happened AFTER contracts had been exchanged.

If he only had a basic survey done, then he only has himself to blame?

I'm assuming this was an older property too.

braken2000

yes it was, built in the 1930's. Im not sure if it was after exchange of contracts though. Just to confirm that is when all the money transfers and the keys are handed over ''officially''.

silvercar

his choice not to have a full survey. he should have insured the building from exchange and be claiming on his insurance if appropriate. he bought the property - caveat emptor. from exchange onwards its his responsibility and he is obliged to complete whatever.
[I'm talking exchange of contracts not exchange of keys.]

silvercar

exchange of contracts is when deposits are paid and the signed contracts are exchanged, generally over the phone by the solicitors talking to each other. completion is when you move out and the keys are handed over.

braken2000

this sounds good, so he has to take it up with the surveyor. Mr X is an absolute shistah. I dont think it helps that on the day he moved in, within an hour his dog got ran over. I think he is bitter.