Sold a flat June 2012 and still having problems with buyer

Naya

I hope someone can help me with this issue. I sold a 1 bed maisonette in June 2012 and accidentally damage the staircase wall whilst moving out.

I agreed to pay for the repairs which amounted to £40 and get the plasterer to paint the wall with the same paint left in the loft.

The buyer never gave the plasterer a time to do the work and no contact since.

Last month, she contacted me and asked for £500 failing that she will take me to court.

I told her that I am still prepared to repair the wall but if she does not let the plasterer in, he cannot do the work, plus I do not have £500 to give her.

She then came back and asked for £350, I said no again and that I prefer to get it repaired.

I then go back and offered her £150 for a job worth £70 to conclude the matter and she could get it repaired herself.

She refused and agreed to let my plasterer do the repair. Then she came back and asked me to plaster and paint the whole staircase, to which I refused.

She then comes back and agree to the repair subject to me painting the whole staircase, my plasterer quoted £240.

I refused and said I will pay for the repair and paint that area only with the same paint which was in the loft. She replied she has thrown the paint out.

I told her no problem, I will buy the same paint again as the area we are talking about is 20cm x 20cm.

She is now refusing and insisting I paint the whole staircase, failing that I will be taken to court.

What are your thoughts on that? what are the probabilities that I can be taken to court?

Please help as I am losing sleep over this matter.

Thank you

dotdash79

Did you have the original agreement in writing?

Naya

All communications are on email, plus some by sms last year.

Since she recontacted me, I always reply by email.

dotdash79

Well in that case tell her that you will make good on the agreed work (when the damage was done) give her 30 days to allow access otherwise the offer expires.

I doubt she would have much luck in court.

abankerbutnotafatcat

Based on what you've written, your approach has been extremely reasonable. Your emails will provide acceptable evidence of this. It would go to the small claims court where you will be reqested to provide documentary evidence in your defence. Then, if the claimant continues with their claim there will be the option for mediation which from personal experience is a worthwhile activity with the aim of settling pre-court, particularly for the claimant as there are costs involved for them (although these could be awarded if they win).

Vincent.waldorf

you should do whole stair because colour may have faded etc..

ognum

vincent.waldorf wrote: »

you should do whole stair because colour may have faded etc..

I agree with this, my hall was damaged an cracked on the party wall when work was being done next door. I insisted that the cracks were repaired and the whole of the hall, stairs and landings repainted, there were 4 floors.

our neighbours agreed and so should you.

Naya

Ok...I better have a word with my plasterer then...seems I better coughed up and pay to close the matter.

olly300

Naya wrote: »

Ok...I better have a word with my plasterer then...seems I better coughed up and pay to close the matter.

Hmm no.

As the wronged party in any civil dispute you aren't allowed betterment you just need to be put back in the position you would be if the event hadn't occurred.

In the case of damage to property this means you only need to sort out repairing the cracks and painting the wall you damaged.

If there is more damage and the buyer wants that repaired as well then the buyer needs to fund that out of their own pocket. This means if you paint one wall and the colour is different from the other walls, the buyer has to pay for the other walls to be painted.

I suggest you pay what you initially suggested and tell her to take you to court if she isn't happy.

The reason the other two posters had their wishes granted is most people don't want to get into a legal dispute. However using courts and regulators while stressful isn't that stressful if you have lots of documentation and make reasonable statements.

ognum

olly300 wrote: »

Hmm no.

As the wronged party in any civil dispute you aren't allowed betterment you just need to be put back in the position you would be if the event hadn't occurred.

In the case of damage to property this means you only need to sort out repairing the cracks and painting the wall you damaged.

If there is more damage and the buyer wants that repaired as well then the buyer needs to fund that out of their own pocket. This means if you paint one wall and the colour is different from the other walls, the buyer has to pay for the other walls to be painted.

I suggest you pay what you initially suggested and tell her to take you to court if she isn't happy.

The reason the other two posters had their wishes granted is most people don't want to get into a legal dispute. However using courts and regulators while stressful isn't that stressful if you have lots of documentation and make reasonable statements.

this is true but most people want to just get on with their lives not deal with legal disputes.

Is it really betterment to have all your hall the same colour?

Naya

olly300 wrote: »

Hmm no.

As the wronged party in any civil dispute you aren't allowed betterment you just need to be put back in the position you would be if the event hadn't occurred.

In the case of damage to property this means you only need to sort out repairing the cracks and painting the wall you damaged.

If there is more damage and the buyer wants that repaired as well then the buyer needs to fund that out of their own pocket. This means if you paint one wall and the colour is different from the other walls, the buyer has to pay for the other walls to be painted.

I suggest you pay what you initially suggested and tell her to take you to court if she isn't happy.

The reason the other two posters had their wishes granted is most people don't want to get into a legal dispute. However using courts and regulators while stressful isn't that stressful if you have lots of documentation and make reasonable statements.

Thanks, this is exactly what I thought. I think she is trying to get me to pay for her redecoration. I am seeing a solicitor tomorrow.