My house is sold - just discovered minor damp

rainbow-z

My house is sold (Scotland). Sale completed and my move out date is in a couple days time. I disassembled a wardrobe in the 3rd bedroom (which we don't use) and was horrified to discover some black spots on the wall. Not a huge amount but noticeable. I assume this is due to internal condensation - the room is perhaps not the best ventilated and that particular wall is quite cold (no cavity insulation). The roof id new and the walls were recently re-rendered so the outside should be fine and watertight. The home report survey showed no damp anywhere in the house.

My question is what should do? Bleach won't fully shift it and there is no time to redecorate. Is it likely that on the move in date the new owner will spot this (I know they will spot it) and try to take legal action against me? Or does caveat emptor apply? I really did not know this was there! In hind sight I should have kept the room better ventilated but it can't have been that bad the day the surveyor was round (I saw him use a damp meter but I assume he didn't check every inch of every wall).

Worried sick now.

bmunky7

I wouldn't worry. Sounds like not a major problem, and easily resolved. You haven't done anything wrong and buyer hasn't anything to complain to you about. If this is a real damp issue their surveyor should have picked it up and buyer would have a claim against them potentially, not you. Try to relax. Caveat emptor does apply.

moneyistooshorttomention

I would say this is only a minor matter myself.

Actually, "caveat emptor" doesn't apply any more or soon won't. The law is in the process of being changed in order to hold vendors rather more responsible than they used to be. I cant recall the name of the law that has just been passed on that and don't know when it takes effect (I read the article about it as being that its imminent).

It was only literally days ago that I read about this law change, so I don't know whether that new law has taken effect yet or no. I remember making a mental note about it, because there is a material fact the vendor of my house should have told me (but didn't!!!) and that I will have no option but to tell any future buyer of my house (if it still applies).

Has anyone got any details on this law, as its something that will obviously be of interest to people on here?

AlexMac

Agree- this is nothing to worry about; the change is described here; https://forums.moneysavingexpert.com/discussion/4987890
but unless you'd knowingly concealed major problems....? Not the case.
And in any case, does this law apply in Scotland?

ChasingButterflies

Hi,

I would speak to your solicitor to see what clause was put in the missives. If I recall correctly then the buyer normally has 5 working days to report any defects via their solicitor and then they argue it out... There is normally a stipulation of anything costing above (for example) £500 but it does depend on what your solicitor has agreed to in the missives.

Incidently last house purchase we had a boiler that did not work (during one of the coldest winters!) 3 months later vendor contributed £500 towards the 2k cost of new boiler installation as boiler parts were almost as expensive as replacement. Most recent purchase there was circa 2k of works that did not appear on home report that became apparent on us moving into the property... however even though we would have had a case against the vendor she had proved to be so unreasonable during the sales process we just got on with it and did the work ourselves (much to both our solicitors delight!)

TBH I would leave as is - it is more annoying when someone tries to hide a problem. Like the wallpaper we had found had been superglued to the wall to hide mould caused by a leaky pipe!

All the best.

Elaine1414

Hi, I was just reading through the forum for some advise and came across this post and hoped someone might be able to help me out.

I sold my property on Friday the 6th June and yesterday I received a letter via my solicitor listing the following defects - would the purchasers have any legal grounds to pursue these?

1) There is no key for the patio door
2) There was no code for the security alarm so it cannot be tested
3) The hob does not work properly. The ignition keeps clicking when the burners are on
4). The double oven had no grill pan or facility to slide a grill into. It is non useable
5) The mirrored wardrobe doors in the small 3rd bedroom are off the runner and they don't move
6) One of the mirrored panels in the main bedroom is cracked at the top and bottom
7). At the top of the stairs the light fitment does not work. Our client has changed the bulb but it is still not working.

Our house is in Scotland.

So I called my solicitor back today and she said the purchaser does have 5 days to report defects and she would normally just pass over the sellers contact number and we could discuss this. So I said yes give the purchaser my mobile number and I'll run through it with him.

So he called me and I explained
1). There is 100% no doubt about it a patio door key on the set of keys we handed into the solicitor - I locked the door myself before handing the huge bunch of keys for every door down to the solicitor - I know the key is there - I would be happy to come round and show him which key it is, he said no I've been though all the keys it's not there - I'm going to get a locksmith round to fit a new lock and bill you for the expense.

2). I don't have the alarm code - we never used the alarm or serviced it but you could contact the company on the alarm and get them out. He said I'll do that and send you the bill. I explained it was not advertised with the alarm - it's not on the schedule - I asked if he'd asked about the alarm at the viewing he would have been told that - he said he never asked cause it's visible he thought it would work - he'd send me the bill.

3) The hob and cooker is a good 20 years at least old - when you light it you need to hold the gas turner down then turn it and realise the hob - it then doesn't click cause it's lit - it's not a fault - it's the design of the old hob. Again I need a new hob - your paying.

4). The grill pan had probably been lost along the way in years - I never used it at all cause it would fill the house with smoke - it's 20 years old - the design is that you lay the pan directly onto the bottom of the grill shelf - there has never been a facility to slide the grill into. He said - ill bill you for a new grill I can use this one I can't use.

5). The mirrored wardrobes in bed 3 are makeshift wardrobes made up with a bit of ply - again 20 years ago - they do pop off the runners now and again at the bottom cause they are old and sliding wardrobes aren't great after 20 odd years - just pop them back in and try not to slide them too hard - once again - I need new wardrobe doors, I'll send you the bill.

6). The mirrored panel in the main bedroom got cracked years ago - it's clearly visible in the pictures of the bedroom in the schedule - it was visible at the viewing. He said I want it replaced - I'll send you the bill.

7). The light fitting at the top if the stairs was working in the day we moved out - I used it as a night light for the kids getting up to the toilet - I'm not sure why it's not working now - perhaps your movers knocked it when they where moving stuff upstairs - it was def working when i locked up. He said I'll need to get an electrician out and bill you.

His parting words where you will be hearing from my solicitor and then he hung up in me.

So where can I go from here? The house is over 50 years old - it's not perfect - the appliances are all at least 20 years old.

Your help would be great. My solicitor is useless and she doesn't seem to know if I'm liable or not.

Annie1960

Start your own thread on this, don't hijack someone else's thread!

beecher2

The missives will probably only refer to the central heating system and maybe any appliances which are being left - I can't imagine it refering to damp or condensation.

Try not to worry but phone your solicitor if you're wanting definite reassurance.

hop3y

rainbow-z wrote: »

My house is sold (Scotland). Sale completed and my move out date is in a couple days time. I disassembled a wardrobe in the 3rd bedroom (which we don't use) and was horrified to discover some black spots on the wall. Not a huge amount but noticeable. I assume this is due to internal condensation - the room is perhaps not the best ventilated and that particular wall is quite cold (no cavity insulation). The roof id new and the walls were recently re-rendered so the outside should be fine and watertight. The home report survey showed no damp anywhere in the house.

My question is what should do? Bleach won't fully shift it and there is no time to redecorate. Is it likely that on the move in date the new owner will spot this (I know they will spot it) and try to take legal action against me? Or does caveat emptor apply? I really did not know this was there! In hind sight I should have kept the room better ventilated but it can't have been that bad the day the surveyor was round (I saw him use a damp meter but I assume he didn't check every inch of every wall).

Worried sick now.

What type of survey did you have?

jules888

When we moved last year removed our overbed unit and black on wallpaper.No time to do anything about it and never heard anything ,so wouldnt worry.

martindow

hop3y wrote: »

What type of survey did you have?

Whatever type of survey they normally will not move anything and I'm sure the surveyor will have made clear what he was not able to check.