Completed sale, buyer is asking for contribution to repairs

abner_2 · 21 December 2006 at 3:05PM

I have recently completed a sale and moved to my new home.

My solicitor has written to me advising that the new owners of my former home have asked for a contribution towards a door that is apparently broken.

Could anyone please advise if I have any obligations to pay

Many thanks

HugoSP · 21 December 2006 at 3:08PM

Unless it is possible or likely that you are responsible and it happened between exchange and completion then I wouldn't entertain it.

The buyer may think that your removal people broke it on their way out. If this is the case it may be worth your while contacting them to advise the that there could be a problem here.

One option you have is to offer say £25 or so "without prejudice and in full and final settlement of any of your obligations certain or otherwise". If they take it then they cannot come back to you for more - in case they find other 'issues'.

Your solicitor should be able to advise on the correct wording.

The other issue is that the other party needs to be reasonable. A relative sold his house to someone who complained that a plant and pot was missing when he took possession of it. The vendor disputed his claim that it was to be left but offered to drop it around anyway. That was not good enough for the purchasor - he wanted money back.

Any court would have decided that the vendor had made a perfectly acceptable without predjudice offer to meet the purchasor's demands and the purchasor would probably have got his plant back but would almost certainly have costs awarded against him.

silvercar · 21 December 2006 at 3:14PM

Could anyone please advise if I have any obligations to pay

Your solicitor should be advising you!

I would doubt you are under any obligation; we had loads wrong with our house when we moved in, our solicitor said its not worth even asking.

maryjane01 · 21 December 2006 at 3:25PM

I would never expect a house to be perfect. Every house has faults, and some you learn to live with and others you fix (depending on your tolerence and your budget).

We got a full survey which noted really daft things like cracked tiles on the outside pathway advsiing us itt was a potential tripping hazard. I would have been embarrassed to ask for a discount on the purchase price for something like that. I think a broken door falls into a similar category.

virgo149 · 21 December 2006 at 3:25PM

You are supposed to hand it over in the same condition as to when the offer was made. If you left it in a good condition and your removal company don't claim any responsibility, I doubt very much they have a chance of a claim against you. Depends on how much they are asking for really - that should make it clear whether they are pulling your chain or not. What sort of door, how much/short of damage and how much are they asking? I was going to say if they want a house in perfect condition they should buy new build, but thinking on that one they are just as bad sometimes!

abner_2 · 21 December 2006 at 3:34PM

One other thing. If I refuse to make a contribution, and the buyer gets legal, will the fact that they did not have a survey make much difference?
Thanks

courtjester · 21 December 2006 at 3:56PM

You buy a house 'as seen' - if the buyer chooses not to have a survey done, that's their lookout if there are defects present.

A sellers is not responsible for rectifying any defects that were present at the time contracts were exchanged if such were not pointed up and agreed upon between the parties.

If the damage has occurred after exchange of contracts, then you may be liable to put this right (if you were aware of the problem occurring), but it is a question of proof. I seriously doubt anyone would go to court over a door.

AndrewSmith · 21 December 2006 at 4:43PM

Tell them to sod off.

Unless they can prove that you damaged the door intentionally between exchanging contracts and completion then they do not have a leg to stand on.

It is not your fault if they did not view the house to re-establish it's condition prior to exchange if contracts.