Need help re. house sale with dispute

marcus59

Hi all, my 1st post here but have used this useful site for info before. Here is my situation, what do you think?


Back in Nov 2013 I employed a workman to renovate a property prior to renting it out. He was very convincing and we agreed a price for the job which I paid upfront to the sum of £3000 as per the written quote (no mention of extra costs on that). He said it would be completed by the new year. It wasn't and what's more he wanted more money. I sacked him. It turned out that the kitchen he fitted was unsafe and a complete bodge.


I later discovered the man was broke so decided against suing him. Much to my amazement he issued a court summons against me! So I employed a solicitor and on his advice got a proper building firm to write a report on the mess he'd left and the cost to put it right, which amounted to about 3 grand. In meantime my neighbour who used to be in the trade stepped in and took over the project to get it back on track for the lowest possible cost and to get it rented as fast as possible to help compensate me.


We all thought he'd gone away as nothing further transpired. In meantime property was rented around 5 months behind schedule. Last week the letting agents rang me to say the tenant was very happy after 6 months and wishes to buy the property. We agreed a fair price and all were happy.


Then a bombshell on Friday; an e-mail from my original solicitor saying there is a preliminary court hearing with the builder on Monday at 11am!! Unfortunately his e-mail was timed at 7.15pm and he has not been contactable since - leaving me hanging and worrying without resolution until Monday.


Now I need to know can I still proceed with the sale of that property or will this dispute kybosh the whole thing? I hope the dispute is with me rather than the property - in other words whether I still own the property or not has no bearing at the end of the day, the builder wants me to pay more money (laughable) and surely that shouldn't disrupt the sale of the property should it?


One good thing is the tenant/buyer knows about the dodgy builder business as my neighbour filled him in when he moved in, as my neighbour does jobs for him. He also organised the complete removal and refitting of the dangerous kitchen that the builder had bodged. So if I do have to refer to it as part of the buying process it won't come as a complete shock.


I know I have to answer questions about neighbour disputes, but I can't remember what else. But even so surely the dispute would be with me as its regarding money and not the property itself, in other words it wouldn't affect the new owner in any way. Please advise if you can. Thanks.

moneyistooshorttomention

What a b**** of a builder! My sympathies.

I wouldn't have thought it would affect your sale from what you say. This tenant is well aware of it and is well-used to your house and knows all its quirks and foibles. I wouldn't think you have anything to fear in those circumstances personally.

I very much doubt its coincidence this builder is having another go at you right now. I'd be willing to bet he is deliberately doing it because your house is up for sale now.

Hold your nerve. This isn't a neighbour dispute. That builder is not a neighbour. In fact sounds like you've been lucky enough to get a good neighbour ...you lucky thing.

silvercar

My view is that it is more than a coincidence that this has come about now. Builder sees that you are selling the property, builder goes to court hoping to get a judge to decide that you owe builder money.

Builder hopes for one of the following:

1. You pay builder to go away.
2. Reaches court and builder hopes judge decides you owe money. You refuse to pay while you consider an appeal and builder gets a charging order on the property. That stops you from selling until the charging order is cleared, pressurising you to pay off the builder.
3. Judge accepts that some items in the kitchen have not been paid for and that gives builder the right to have items returned - again causing problems with your sale.

As you say, this is a private dispute and not a neighbour dispute, so doesn't need declaring.

moneyistooshorttomention

silvercar wrote: »

My view is that it is more than a coincidence that this has come about now. Builder sees that you are selling the property, builder goes to court hoping to get a judge to decide that you owe builder money.

Builder hopes for one of the following:

1. You pay builder to go away.
2. Reaches court and builder hopes judge decides you owe money. You refuse to pay while you consider an appeal and builder gets a charging order on the property. That stops you from selling until the charging order is cleared, pressurising you to pay off the builder.
3. Judge accepts that some items in the kitchen have not been paid for and that gives builder the right to have items returned - again causing problems with your sale.

As you say, this is a private dispute and not a neighbour dispute, so doesn't need declaring.

Agreed with all above:T

However, if this builder is hoping for option 2...bear in mind that any proceedings in court would more likely take months than weeks before they happened and by that time the house will be safely sold and not "involved" in this dispute.

Just take the precaution of making sure this house sale goes through asap and it should be "done and dusted" well before any court date this builder might get fixed.

You'd also be protected from option 3 as well - ie because that kitchen wouldn't belong to you any more.

My own bet would be on you, rather than the builder.

I'm guessing he is just trying to panic you and hoping you will fall for it.

BTW = investigate how much notice you are entitled to of a court hearing.

moneyistooshorttomention

Further thought = I understand that courts do not take kindly to things being taken to court without an attempt at mediation being made first. Just where is this builders attempt at mediation then?

Further thought - get what evidence you can together of the state this character left your kitchen in, ie whilst its still your kitchen.

dodger1

marcus59 wrote: »

Hi all, my 1st post here but have used this useful site for info before. Here is my situation, what do you think?


Back in Nov 2013 I employed a workman to renovate a property prior to renting it out. He was very convincing and we agreed a price for the job which I paid upfront to the sum of £3000 as per the written quote (no mention of extra costs on that). He said it would be completed by the new year. It wasn't and what's more he wanted more money. I sacked him. It turned out that the kitchen he fitted was unsafe and a complete bodge.


I later discovered the man was broke so decided against suing him. Much to my amazement he issued a court summons against me! So I employed a solicitor and on his advice got a proper building firm to write a report on the mess he'd left and the cost to put it right, which amounted to about 3 grand. In meantime my neighbour who used to be in the trade stepped in and took over the project to get it back on track for the lowest possible cost and to get it rented as fast as possible to help compensate me.

What is he trying to sue you for? Just take the original quote and the report from the building firm confirming a botch job and I can't see anyway he can win based on the info supplied. However was the £3,000 the price for the whole job or just a partial upfront payment and was the original builder given the chance to rectify the poor job? That may make a difference.

marcus59

Thanks for all your replies, you're right its not a neighbour dispute but just between the builder and me, and yes he will lose with the evidence I've got; written quote for just the £3000, proof that cheques changed hands and were banked by him for that amount, plus the builders report showing the whole thing was illegal and the property couldn't be let until it was taken down and put in properly. The letting/estate agents know about it and so does the tenant. So no surprises. It doesn't qualify as a neighbours dispute so needn't be logged in the sale. Thanks people.

ACG

Why not go in there for a counter claim on the amount the extra work has cost you?

I cant see you losing and I cant see it affecting the sale of the property.

Worse case scenario you get nothing from him, best case scenario you win your case and you find a debt collector who charges no upfront fees and cause him a bit of aggro? They might get something, they might not but atleast you can sit in the knowledge your giving raising his blood pressure a little.