Can't sell house because neighbour started claim

Guest101

DumbMuscle wrote: »

One of you needs to go against your solicitor's advice. Ask your solicitor what exactly a warranty would consist of, and what it would potentially put you on the hook for later (e.g. would you need to pay defence costs against a claim which was found to be invalid, or only pay out in the event of a successful claim against the new owners? Would you need to set aside money on retention to pay for this?). Once you've done that. Talk to the buyers, set out the full case, and ask whether they are happy to proceed on that basis without a warranty (or with a warranty on looser terms than their solicitor is suggesting).

They mean an indemnity policy, which costs very little in the grand scheme

BISCUIT1

As Doozergirl says, I would also be making a complaint against the councillor..they seemed to have stepped well outside of their remit here.

Guest101

BISCUIT1 wrote: »

As Doozergirl says, I would also be making a complaint against the councillor..they seemed to have stepped well outside of their remit here.

It depends in what capacity they've acted.


A councillor is only one hat, and many hold down a job as well, or are active in community groups

DTDfanBoy

All claims to do with previous flooding damage to your neighbours property remain your parents problem, any liability arising from past events is not transferred with the property. If the cause of the issue has now been remedied, which the council seem to have confirmed, there should be nothing preventing the sale.

DoaM

DTDfanBoy wrote: »

All claims to do with previous flooding damage to your neighbours property remain your parents problem, any liability arising from past events is not transferred with the property. If the cause of the issue has now been remedied, which the council seem to have confirmed, there should be nothing preventing the sale.

Reading the OP, there was never any cause to start with so nothing to remedy. (Amounts to the same thing in the end I guess).

DTDfanBoy

Guest101 wrote: »

They mean an indemnity policy, which costs very little in the grand scheme

They mean a warranty, you can't get indemnity insurance for an issue that all parties are aware of.

Guest101

DTDfanBoy wrote: »

They mean a warranty, you can't get indemnity insurance for an issue that all parties are aware of.

Hmm interesting. In any case, if the buyers are that keen they'll surely take on the risk

xylophone

It astonishes me that the buyers are prepared to accept that if they buy, these people will be their neighbours.....:eek:

Bad enough if after living with inoffensive neighbours for years, they move and you end up with horrors... but willingly to take on the burden, oh crumbs!

The house must be very, very attractive..."Where every prospect pleases, and only man is vile"?

TBagpuss

As others have said, there is nothing to stop the sale going ahead.
If the buyers have been told to request a warranty it would be sensible to clarify exactly what they are being advised to ask is covered, and then look at the specific wording.

Whether or not they can/will move may depend on whether having a warranty is a condition of their mortgage, or whether it is something that their conveyancer has recommended.

You could also look at the actual and potential cost involved with the warranty and decide whether it is cheaper to have that, or to spend the same money paying for a water butt to break the deadlock, or to offer the buyers a small discount on the purchase price instead of a warranty.

dacouch

You are not clear on what you asked the previous Home Insurers to cover for, however I assume as they have advised they cannot cover due to not being notified in time was that you asked to claim under the Legal Protection extension of the policy. This normally has a time limit for notifying claims.

However if the neighboor is suing you for flooding they will be look to prove you were negligent. Any claim for this would be dealt with by the liability section of the Home Insurance. This does not have a time limit for notifying of claims.