Flat Damaged Between Exchange And Completion

Joey122

Hi

Does anyone know what happens if a flat is damaged between exchange and completion?

I am talking specifically about the boiler getting nicked or the carpet getting trashed - Is it the sellers responsibility or the buyers?

Has it happened to anyone on here before

chris_m

The seller, surely?
It doesn't belong to the buyer until completion.

Yorkie1

I believe it is the seller's responsibility to hand the property over at completion in the same state as it was at exchange.

Richard_Webster

Is the contract made under the Standard Conditions 4th Edition or 5th Edition? The wording is different.

Joey122

Richard_Webster wrote: »

Is the contract made under the Standard Conditions 4th Edition or 5th Edition? The wording is different.

Can you clarify what our position is under both of these contracts please?

Is it the case that the buyer is on the hook and the seller can trash the place with no recourse?

theartfullodger

Joey122 wrote: »

.....

I am talking specifically about the boiler getting nicked ......

Boiler getting nicked>???? What the ***k is going on?? Assume this case will be reported in the press and make it to court...

If I wanted to make a bit of £££ by theft I doubt I'd start with stealing a boiler.. (too much bother, not worth ****-all...)

Do tell us more...

G_M

Hope the thief was GasSafe registered.......

mrschaucer

Come on, Richard, don't leave us in suspense. What's the difference?

G_M

mrschaucer wrote: »

Come on, Richard, don't leave us in suspense. What's the difference?

A quick google finds:

The changes to the fourth edition which are embodied in the new 5th Edition put into effect many of the additional special conditions regularly added by Conveyancing Solicitors.
This post outlines some of the changes which you can find now in the 5th Edition
Terminology
The rather antiquarian “chattels” and “chattels price” have been replaced by the more modern sounding “contents” and “contents price”.
Risk and Insurance
The 5th edition makes a significant change to the risk position on exchange of contracts.
Risk now passes to the buyer on exchange, so the Buyer must insure the property from exchange of contracts and not completion of the contract.
The seller has no obligation to insure the property except where e.g. the property, or any part of it, is let on terms that require the seller to insure i.e. a leasehold property.
Flats
There is now a provision that on the sale of flats, that the Transfer will include a provision so that there is no breach of the tenant’s covenants in the lease relating to the physical state of the property.
This was the most common additional condition in the old 4th Edition contracts
Fixtures and Contents
Special Condition 3 provides that the sale includes those contents which are indicated on the list attached to the contract as included and excludes those fixtures which are indicated on the list attached to the contract as excluded.
It is assumed that the parties will attach a copy of the fixtures, fittings and contents form to the contract and that this will be marked up to reflect exactly what has been agreed.
This was not always standard practice.
Written Representations
Special Condition 6 states that neither Seller nor the Buyer party can rely on representations made by the other, unless these have been made in writing by them or their Conveyancing Solicitors.
This was normally an exclusion which Sellers relied upon in verbal comments made to the buyer.
The exclusion provides that it does not exclude liability for fraud or recklessness.

steve_the_soli

The buyer has to insure the property upon exchange of contracts. I advise my clients of this at the start of the transaction and also on the day of exchange.

Perhaps the only saving grace is the fact the OP is in a flat. Chances are this is a leasehold policy and insurance will be provided under a block policy via the Landlord/managing agent.

If the 'damage' referred to has been caused by intentional damage on behalf of the seller then a claim for breach of contract may arise.