I'm now being sued by the purchaser

G_M

I put the question to a conveyancing solicitor and received this reply:

The statements you make [on form TA6] are, by operation of this firm’s contract, stated to be correct at the time made, not at exchange or completion. However, if you become aware of a change, this must be disclosed to the Buyer.

That suggsts that the issue hangs on whether the seller was aware that the heating had stopped working between the date of the TA6 and Exchange.

Miss_Samantha

How to reply without providing any new information...

The question is one of liability in case things are not as disclosed.

OP seems to have accepted liability in any case. So the key question may in fact be whether the conduct of the buyer changes the position.

ThePants999

OP has not accepted any liability. OP admitted that, on inspection post-exchange, the heating was not working. OP offered to help out to keep things moving along, but no court is going to accept that this constitutes admitting liability.

Miss_Samantha

ThePants999 wrote: »

OP has not accepted any liability. OP admitted that, on inspection post-exchange, the heating was not working. OP offered to help out to keep things moving along, but no court is going to accept that this constitutes admitting liability.

OP wrote: "I immediately checked this and agreed - it was now not working. I suggested i would get my plumber to fix it,".

If I were to put money on what a court would decide, I would wager that it would conclude that OP has accepted liability (taking into account that OP had previously put it in writing that it worked fine).

Doozergirl

Miss_Samantha wrote: »

OP wrote: "I immediately checked this and agreed - it was now not working. I suggested i would get my plumber to fix it,".

If I were to put money on what a court would decide, I would wager that it would conclude that OP has accepted liability (taking into account that OP had previously put it in writing that it worked fine).

Keep digging...

KRB2725

You can make a gesture of goodwill without accepting liability.

AdrianC

There's a lot of detailed responses, and a lot of considered opinions, and a lot of analogies - all of varying relevance and value.

But there's one thing that leaps out at me from this whole thread.

We're now two months on, and it's STILL just threatening stroppygrams. No sign of actual legal action. It's all just bull and hot air. OP - you've been advised several times to just ignore them. Take this advice. It's bob-on.

In the unlikely event you actually receive a court date, THEN we'll talk some more. Mostly about how best to tell the claimant where to go in court.

ikcdab

Ok, so now I have received official court papers. The claim is for misrepresentation. The claim is that we stated on the TA6 form that the heating was working when we knew that it wasn't.
This is untrue. When we signed the form all was well. We were later asked to confirm this and we said the previous answers were still valid as we had no reason to believe anything had changed. The house was empty and we weren't living there.
My defence is that
1. We answered the ta6 form and later questions truthfully and to the best of our ability.
2. The buyer did not undertake a survey despite the warnings to do so on the form
3. I offered a repair but this was refused by the buyer. I was unable to force this as under the key undertaking the buyer accepted all liability after exchange of contracts.

The claim is for £3000 reduction in the value of the house (a house without a working system is worth less than one with)
£1200 for pain and suffering for living in a cold house for 2 months
£500 for additional elecitric heating bills.

Without accepting liability I have offered £1000 settlement but this has been refused.
We are off to see solicitors next week but would welcome further comments.

silvercar

The claim is for £3000 reduction in the value of the house (a house without a working system is worth less than one with)
£1200 for pain and suffering for living in a cold house for 2 months
£500 for additional elecitric heating bills.

Either there was pain (?) and suffering for living in a cold house or they had additional electric heating bills. I fail to see how they could have had both.

Looks to me like they are trying it on, at least by claiming a high amount in the hope you will compromise on less.

Doozergirl

Go and meet with the solicitor. Be just as clear with them as you have been with us.

I'd really like to know what they say. I cannot believe that you can be sued for being honest. You didn't ever live at that house, you gave correct information based on your knowledge on a certain date. They didn't have a survey and tampered (albeit with your permission) with the heating themselves before completion. They did no due diligience to speak of and expect you to do it for them. You had a quote for repair and offered to help, they decline, go to their own lengths and decide you have to pay for everything that occurs.

There's nothing fair on you in that entire sequence of events.

And how does it even take two months to change a boiler? And if you have electric heating, how can you suffer £1200 in 'pain and suffering'?

Why haven't they even gone with the price of the work instead of 'loss of value'. They have to prove all of this stuff. Hard work for them.

I don't think that pain and suffering even applies to that sort of thing, more personal injury claims?