problems after completing

jazman1969

Hi. We recently bought a house. The seller when showing us around months earlier said she would be putting a tiled floor down before the house was sold (had an old lino). We decided to put an offer on the house which was accepted. 5 months later we moved in but the floor hadnt been changed. It wasnt in the conveyoncing documents in fact it noted the lino was staying which she has refered us back to. We took her word it would be done and didnt mention it on our other visits when measuring up etc. We have completed and been in two weeks. The seller is saying she wont replace the floor can i pursue a breach of contract.

DRP

jazman1969 wrote: »

Hi. We recently bought a house. The seller when showing us around months earlier said she would be putting a tiled floor down before the house was sold (had an old lino). We decided to put an offer on the house which was accepted. 5 months later we moved in but the floor hadnt been changed. It wasnt in the conveyoncing documents in fact it noted the lino was staying which she has refered us back to. We took her word it would be done and didnt mention it on our other visits when measuring up etc. We have completed and been in two weeks. The seller is saying she wont replace the floor can i pursue a breach of contract.

No you can't.

Obviously you should have checked the tiling had been done prior to exchange.

Tbh It doesn't even sound in your post that you were particularly bothered about the tiling as you didn't bother checking yourself or mentioning it to your solicitor pre contract. In which case it's Hardly surprising that the vendor didn't take the tiling 'promise' seriously, either.

Mr_Moo_2

Have you got anything in writing that states that the floor will be replaced? without this, you have virtually no chance of success. In any event, it sounds like you have written confirmation that the lino will be staying. Bite the bullet on this one.....

The_Palmist

A promise is a promise and sadly very few people honour their word these days hence the need of solicitors, contracts etc.

While you were probably just being polite by not repeating tiles and may be a bit naive, I will suggest you put this one down to experience and move on.

There really isn't much you can do.

thequant

jazman1969 wrote: »

Hi. We recently bought a house. The seller when showing us around months earlier said she would be putting a tiled floor down before the house was sold (had an old lino). We decided to put an offer on the house which was accepted. 5 months later we moved in but the floor hadnt been changed. It wasnt in the conveyoncing documents in fact it noted the lino was staying which she has refered us back to. We took her word it would be done and didnt mention it on our other visits when measuring up etc. We have completed and been in two weeks. The seller is saying she wont replace the floor can i pursue a breach of contract.

Sounds like you have been gullible fools, you have no chance here. As others have said, chalk it up to experience and move on.

ethank

You cannot pursue a breach of contract - it was not in the contract!

jazman1969

Cheers for the responses everyone. Thought as much i just thought her saying it would be done was good enough we didnt notice the conveyoncing notes until we disputed the floor. I should have noticed on the time of signing them. Just to eager i guess.
Thanks all

thequant

jazman1969 wrote: »

Cheers for the responses everyone. Thought as much i just thought her saying it would be done was good enough we didnt notice the conveyoncing notes until we disputed the floor. I should have noticed on the time of signing them. Just to eager i guess.
Thanks all

A verbal contract is just as binding as a written contract in law. It's just a lot more difficult to prove.


The problem here is that you signed a contract later which took precedence over the earlier verbal contract.

pawlala

She could have laid bright pink tiles throughout. Thank your lucky stars she didn't and move on. Enjoy your new home!