I'm now being sued by the purchaser

ikcdab

Miss_Samantha wrote: »

Strange for two buyers to drop out after having surveys done.

The house had been lived in by an old person for many years. It was in a run down condition and needed complete refurbishment. I believe that the previous two purchasers in the end both thought there was too much work. The eventual purchaser knew all of this and despite that, still bought it without any surveys.

david1951

Have you got a case no? Have you been given a time limit to respond? It sounds more like a letter before action which is what you send before you file a claim at the court.

Prothet_of_Doom

So they knew it didn't work, asked for a reduction, you declined, they went ahead anyway, and NOW they are asking for a reduction ? I take it some of this is in email form between you, your solicitor, your estate agent and the purchaser.
I guess that now you have to go to court, you will need to get copies of all relevant emails from all those people, even calling them as witnesses on the day. I think if you do that you will win.

Prothet_of_Doom

Mr.Generous wrote: »

3rd offer accepted exchange tomorrow.

Or not. :rotfl:

I've been at the "exchange tomorrow" stage more than a few times.

ikcdab

david1951 wrote: »

Have you got a case no? Have you been given a time limit to respond? It sounds more like a letter before action which is what you send before you file a claim at the court.

The letter lays out the reasons and facts as the purchaser sees them, so i guess, yes, we have been given a case.
The letter gives us 28 days to pay the approx £4500 compensation and if we do not do that in this period then the purchaser will take us to court without further notice.

theartfullodger

I would not even reply: If they take you to court, see what happens.

Only alternative is to offer some compo. If I had to respond I would refer them to the reply given in the case of Arkell v. Pressdram
https://en.wikipedia.org/wiki/Private_Eye#Litigation

SuzieSue

theartfullodger wrote: »

I would not even reply: If they take you to court, see what happens.

Only alternative is to offer some compo. If I had to respond I would refer them to the reply given in the case of Arkell v. Pressdram
https://en.wikipedia.org/wiki/Private_Eye#Litigation

If they take you to court you will be able to defend yourself and the worst case is that you will have to pay the £4,500 plus the other side's (limited) costs:

https://www.stephensons.co.uk/site/individuals/srvdisputes/small_claims_guide/if_i_lose/


The best case it that you win, which you should do if you can prove that you offered to have the heating looked at.

I wouldn't bother to reply to the letter unless you want to make a without prejudice offer.

Sjmb

I do not believe that the buyer has a valid case. There is no evidence that the heating was not working when you completed the forms. There is no evidence that the heating was not working at exchange. There is evidence that the heating was not working after the purchaser had taken legal ownership and was known to be carrying out work to the heating system.
I would either ignore the letter, or simply acknowledge receipt of the letter and advise that you do not intend to make any offer of financial compensation. Say no more than that.

ikcdab

Sjmb wrote: »

I do not believe that the buyer has a valid case. There is no evidence that the heating was not working when you completed the forms. There is no evidence that the heating was not working at exchange. There is evidence that the heating was not working after the purchaser had taken legal ownership and was known to be carrying out work to the heating system.
I would either ignore the letter, or simply acknowledge receipt of the letter and advise that you do not intend to make any offer of financial compensation. Say no more than that.

Thank you, thats very helpful.

G_M

I'm now being sued by the purchaser

ikcdab wrote: »

The letter lays out the reasons and facts as the purchaser sees them, so i guess, yes, we have been given a case.
The letter gives us 28 days to pay the approx £4500 compensation and if we do not do that in this period then the purchaser will take us to court without further notice.

So, no - you are not being sued, and have not been given a case number.

All you've received is a threatening letter. Many people try it on by sending these and hoping the niave recipient panics and pays up, or offers to pay half or something.

Do nothing..

Either this buyer will go to a solicitor after the 28 days, and be told not to waste his time, or he'll go direct to court himself without a solicitor, in which case you enter a defence and claim your costs back from him.

Although the outcome of no court case can be 100% predicted, I'd put your chances of winning at, say, 95%.