House sold over a year ago, now about to recieve a CCJ

DVardysShadow

Thrugelmir wrote: »

So if a local authority search showed up something. You would regard that as immaterial as well. As it may or may not happen. When deciding whether to purchase a property?

Planning is material, because once granted, the buyer has no influence.

In this case, the buyer could have said no. The buyer had no responsibilities arising form the discussions. The buyer was not committed to any expenditure. No deal was struck which had any effect on the buyer. Indeed, buyer could have been rightly angry if they came home to find that the neighbours had taken out their old drive without any valid authority.

Thrugelmir

DVardysShadow wrote: »

In this case, the buyer could have said no. The buyer had no responsibilities arising form the discussions. The buyer was not committed to any expenditure. No deal was struck which had any effect on the buyer. Indeed, buyer could have been rightly angry if they came home to find that the neighbours had taken out their old drive without any valid authority.

Ask yourself how you would feel in the same situation? That's the view I'm adopting in responding.

DVardysShadow

Thrugelmir wrote: »

Ask yourself how you would feel in the same situation? That's the view I'm adopting in responding.

Whose? Buyer's? If the neighbours had asked me for money, they would have had to prove their case. Which AFAICS they don't have. Obviously we don't know what happened after OP moved out. But what has happened here is very little different from neighbours getting their quotes together without involving OP while OP was selling and moving out and then getting the work done and claiming a proportion from the buyer. In terms of what the neighbours have done to the buyer, there is no difference whatsoever.

It is a revealing question. Because faced with demands, I would resist. And I would know that there would be bad blood because of it. I would be planning a move back out, I think Perhaps that is why the buyer caved and is now pursuing OP?

Thrugelmir

DVardysShadow wrote: »

Whose? Buyer's? If the neighbours had asked me for money, they would have had to prove their case. Which AFAICS they don't have. Obviously we don't know what happened after OP moved out. But what has happened here is very little different from neighbours getting their quotes together without involving OP while OP was selling and moving out and then getting the work done and claiming a proportion from the buyer. In terms of what the neighbours have done to the buyer, there is no difference whatsoever.

It is a revealing question. Because faced with demands, I would resist. And I would know that there would be bad blood because of it. I would be planning a move back out, I think Perhaps that is why the buyer caved and is now pursuing OP?

The onus is on the seller to disclose all facts at the outset. Assigning blame to other parties just doesn't wash. We seem to live in a world where personal responsibility is absolved. Yet we endlessly complain about corporate bodies failures to perform. Um.........

DVardysShadow

Thrugelmir wrote: »

The onus is on the seller to disclose all facts at the outset.

OK, the facts which required the buyer to cough up cash towards the drive repairs. Now, do tell us what facts required the buyer to pay up for this.

societys_child

Thrugelmir wrote: »

The onus is on the seller to disclose all facts at the outset.

What facts would those be?

there is a shared driveway that I had had meetings about with the neighbours about fixing it up. It never really went anywhere other than a few letters sent between neighbours with quotes from firms and the neighbours saying we should meet up to discuss...

we were asked if we had made any financial costs towards the driveway

The correct, legal, honest answer to this question is NO

nthUK

The buyer is using letters passed between the neighbours as evidence that we were aware that discussions were going on regarding the driveway and these letters have various quotes from firms for the cost of the work. I never agreed on any of them.

Q. Is the whole driveway thing a material disclosure, I'm guessing that means we should have mentioned it in the conveyencing docs?. Wouldnt their survey flag up the driveway as a shared driveway and then further enquireys could have been made. Am I under obligation to say we have a pushy neighbour that wants to patch up a part of a driveway and all the other querks of a small neighbourhood. It will never end, I'm not assigning blame to other parties, If I should have mentioned it legally then fair play... but I just dont feel like I've done wrong here and the buyers as stated in their email they have a mortgage on a second home and could little afford to do the driveway, they could have left the driveway for a time when they could...

my wife just handed me this letter...

Dear xxxx

Re Driveway

Mxxx Dxxxx and I met to discuss the driveway and were sorry that you were unable to make the meeting. We do apprecciate of course that you are very busy with plans for moving and appreciate all the input you have made to date. As prosmised by Dxxxx in order to keep your purchaser informed I attach a copy of the latest quotation which is the one we would like to accept and proceed with.

There are still one or two aspects which need clarafication about in particular ... (continues to describe building stuff)

It would be of course helpful if you could put us in touch with your buyer in due course but i obviously appreciate that there is no point until you have exchanged contracts. I the mean time we would like to keep you updated accordingly.. is there an email address for you?...

regards

Gxxxx


##############

We recieved this letter 1 week before moving abroad so an emense amount of things to do with 2 4 year old etc and i never replied or gave it much thought until now... I never agreed to have the work done as they did in their meeting to which i was never there.. does that me me legally obliged?

BlueAngelCV

nthUK wrote: »

We recieved this letter 1 week before moving abroad so an emense amount of things to do with 2 4 year old etc and i never replied or gave it much thought until now... I never agreed to have the work done as they did in their meeting to which i was never there.. does that me me legally obliged?

No, to me that makes it clear that you haven't agreed to anything and that your neighbours knew that they would have to take the issue up with your buyers.

I'm slightly confused about the issues here as your buyers seems to be being very unreasonable based on the facts.

1) Are they saying that they knew that it was a shared driveway but not that works were imminent?
If so then though, you didn't agree to the works so it's not your problem. If they didn't know it was a shared driveway for which they may be liable them it seems that their solicitors didn't do their job properly.

2) Did you neighbours go ahead & do the works and then try & charge your buyers for 50% of it.
If yes then they should take it up with your neighbours. If they agreed to the works then that is all down to them & you have nothing to do with it.

Basically I think they are pushing their luck & you shouldn't make any concessions.

DVardysShadow

BlueAngelCV wrote: »

No, to me that makes it clear that you haven't agreed to anything and that your neighbours knew that they would have to take the issue up with your buyers.

I'm slightly confused about the issues here as your buyers seems to be being very unreasonable based on the facts.

1) Are they saying that they knew that it was a shared driveway but not that works were imminent?
If so then though, you didn't agree to the works so it's not your problem. If they didn't know it was a shared driveway for which they may be liable them it seems that their solicitors didn't do their job properly.

2) Did you neighbours go ahead & do the works and then try & charge your buyers for 50% of it.
If yes then they should take it up with your neighbours. If they agreed to the works then that is all down to them & you have nothing to do with it.

Basically I think they are pushing their luck & you shouldn't make any concessions.

I agree with this in terms of hard legal. OP, it is clear that you never entered into any commitment binding upon yourself, let alone on your buyer

In terms of courtesy - and pre-empting what has now arisen - of course, it would have been better to have stated somewhere in pre contract papers 'Neighbours G and MD are considering driveway repair which would affect the property. They have obtained quotes, but seller has not entered into any commitment'. It looks like the neighbours have bounced the buyer into coughing up, when he need not have - his ability to deal with this has been compromised by a lack of openness.

In terms of the solicitor's error originally asked about, that is barely relevant.

chappers

DVardysShadow wrote: »

In terms of the solicitor's error originally asked about, that is barely relevant.

Exactly my original point , I thought I was missing something, as this is clearly a dispute between the new occupant and the ex-neighbour over who is going to pay for the repair, with the new occupant trying to pass the bill ont to the vendor/previous occupant.

Personally speaking I would send a letter saying see me in court if you believe you have a case.