Not completing agreements in missives

Sporticus123

I understand if the work hasnt been done and the buyers sue then he will be found liable.
But as no work will have been done then there will be no payment due?
Will the buyers have to pay for the work to be done then sue for the total cost?

Arleen

Sporticus123 wrote: »

I understand if the work hasnt been done and the buyers sue then he will be found liable.
But as no work will have been done then there will be no payment due?
Will the buyers have to pay for the work to be done then sue for the total cost?

Nope, they don't have to first pay to get the work done before suing, as your parents will be in breach of contract the moment 1 year passes and it was not concluded.

davidmcn

Sporticus123 wrote: »

I understand if the work hasnt been done and the buyers sue then he will be found liable.
But as no work will have been done then there will be no payment due?
Will the buyers have to pay for the work to be done then sue for the total cost?

Arleen wrote: »

Nope, they don't have to first pay to get the work done before suing, as your parents will be in breach of contract the moment 1 year passes and it was not concluded.

I presume if the sellers fail to do the work then the buyers are entitled to do so, and then recover the excess over and above the £10k already retained. They'll need to ascertain the costs before suing (and in practice will probably want to have the work done so they know for certain what the total cost ends up being).

Sporticus123

So how will they work out how much my parents are liable for?
Estimates and quotes?

davidmcn

Sporticus123 wrote: »

So how will they work out how much my parents are liable for?
Estimates and quotes?

Well, yes. It seems bizarre that the sale has completed without either your parents or the buyers bothering to check how much the work would actually cost! Where did the £10k figure come from?

System

How big is the flat that it's costing 30k for replacement windows?!? Tbh I would start by querying that...
Sounds like a strange set up, was your dad to arrange it all and then get permission from the new owners to install? Or were they to do the leg work and send the bill to your dad?
Is there a spec the windows need to be in the agreement? is someone liable for the costs of planning and listed building consent?

Sporticus123

One of the windows is too large and if its to be replaced then some of the roof needs reinstating. This is where a large part of the cost is coming from. Theres 5 velux windows in total. Plus architect fees.
I dont know where the 10k figure came from or how it was agreed.

Bottom line is the first quote was £30k. Hes worried it could cost more. He has £20k in the bank but if he goes ahead with the work he will have nothing left to live on and be in debt to the builders for any balance over that.
Im really looking for suggestion as to what his options are and penalties he could face, bearing in mind he's 67 years old.
Im angry that hes worked since he was 15 for that money he has, not hes only retired for 2 years and could lose it all and be left with nothing.

Arleen

I feel for you, but I don't think that the internet will be able to really help with that. You will be best to hire a solicitor to look over it and see what can be done.

Sporticus123

Yes I think ill end up paying one to help them.
Ive explained he really has to seek legal advice but he just see's that as yet more cost.

System

Sporticus123 wrote: »

One of the windows is too large and if its to be replaced then some of the roof needs reinstating. This is where a large part of the cost is coming from. Theres 5 velux windows in total. Plus architect fees.
I dont know where the 10k figure came from or how it was agreed.

Bottom line is the first quote was £30k. Hes worried it could cost more. He has £20k in the bank but if he goes ahead with the work he will have nothing left to live on and be in debt to the builders for any balance over that.
Im really looking for suggestion as to what his options are and penalties he could face, bearing in mind he's 67 years old.
Im angry that hes worked since he was 15 for that money he has, not hes only retired for 2 years and could lose it all and be left with nothing.

You shouldn't be angry tbh, he's got himself into that situation by agreeing to the missives, should have held out and got a clean sale.
Rooflights are not windows, be sure they are included specifically in the missives, similarly, why are they liable for incedental work to fix some bit of roof, if they are liable for the cost of the windows then that's it, nothing else - does the roof really need replacing for Windows to be installed?
Again, who gets to decide the spec of the windows and who is to do the listed building and planning permissions, these are critical items that could be costly and you would need those permissions in place prior to any works, was that factored into the timescales?
Really you need to post the specific details of the condition to get any decent advice on it, but a solicitor is the only person you should be seeking specialist legal advice from if you want to knowingly default on a condition of sale.