Can buyer sue me for taking curtain poles/curtains

Clutterfree

ceminem wrote: »

They want the poles back with the curtains which were thrown away as they were mouldy. She also wants the labour to fit them! Its a 5 min job to put the brackets on....

I've offered to give her the poles, am I obliged to do anything else?

If it's only a 5 minute job then offer to put them up.

She may not be able to do them herself so would need to employ someone and then she'll expect you to pay for it.

Clutterfree

ceminem wrote: »

The poles to be fair are also tired and one of them is unusable with the ends popping out.

The buyer states they are not to know of condition but they think I have breached the contract.

If you ticked the boxes and then didn't leave the items, then she is correct you have breached the contract.

saajan_12

Technically if you indicated you would leave the poles and take the refridgerator, then you are liable for the buyer's costs in getting back to that position, namely
i) purchase price of (second hand) poles (unless you offer to bring them back within a reasonable timeframe)
ii) fitting of poles
iii) removal or dump costs for refridgerator
iv) court filing fees etc to recover the above from you

In all likelihood they won't pursue this through the court given the low amounts compared to the time investment so you could call their bluff, but they are technically correct.

ceminem

Clutterfree wrote: »

If you ticked the boxes and then didn't leave the items, then she is correct you have breached the contract.

Yes we have established that fact. The question is whether there is any recourse.

I suppose I could always charge for the time I spent answering her queries to offset this.

moneyistooshorttomention

Clutterfree wrote: »

If it's only a 5 minute job then offer to put them up.

She may not be able to do them herself so would need to employ someone and then she'll expect you to pay for it.

In fairness - if I were this landlady then I would indeed have to pay someone to put those poles back up (as previously stated = I personally am useless at DIY and I can barely change a lightbulb). So if she's someone like that = it does make perfect sense to do that. Workmen do just love some of us - as we are so useless at this sort of thing that we have to pay for everything:o:(. I've just had to hand a bit of cash over to a workman only yesterday to do a simple little task for me...

ceminem

saajan_12 wrote: »

Technically if you indicated you would leave the poles and take the refridgerator, then you are liable for the buyer's costs in getting back to that position, namely
i) purchase price of (second hand) poles (unless you offer to bring them back within a reasonable timeframe)
ii) fitting of poles
iii) removal or dump costs for refridgerator
iv) court filing fees etc to recover the above from you

In all likelihood they won't pursue this through the court given the low amounts compared to the time investment so you could call their bluff, but they are technically correct.

She verbally communicated to the estate agent that she wanted the fridge freezer, this is not formally documented however.

Could I offset them costs by charging fees for the time I spent helping to answer her post completion queries.

ceminem

Clutterfree wrote: »

If it's only a 5 minute job then offer to put them up.

She may not be able to do them herself so would need to employ someone and then she'll expect you to pay for it.

To be fair I would have offered straight away to bring them back and put them up as they are useless to me. However the initial text was not one to resolve but by stating I was in breach and that it would cost her hundreds to put right.

I know for a fact that it does not cost hundreds.

moneyistooshorttomention

ceminem wrote: »

Could I offset them costs by charging fees for the time I spent helping to answer her post completion queries.

Absolutely not.

The next thing you know would be that she would start trying to charge you for her time.

I could see this as being a situation where the "other side" just kept right on upping the ante and :eek:

Cheeky_Monkey

ceminem wrote: »

She verbally communicated to the estate agent that she wanted the fridge freezer, this is not formally documented however.

Could I offset them costs by charging fees for the time I spent helping to answer her post completion queries.

No, you can't

Clutterfree

ceminem wrote: »

To be fair I would have offered straight away to bring them back and put them up as they are useless to me. However the initial text was not one to resolve but by stating I was in breach and that it would cost her hundreds to put right.

I know for a fact that it does not cost hundreds.

You're right, it is highly unlikely it would cost hundreds but if she took you to court I think a judge would rule in her favour for curtain poles to be fitted and replacement curtains of the same quality.

Could you not nip to a local charity shop, get some cheapy curtains then fit them along with the poles? She'd have no recourse then.