Buyer threatening legal action for defects 18months after sale

Sherbertfizz

Asking for a friend who struggles with internet. She sold her flat just over 18 months ago and has just received an email from the purchaser alleging that she had masked problems and failed to disclose defects he says she must have known about. He claims he has had to replace the roof and enclosed pictures of two rooms showing plaster having been hacked back and black mould growing. He is threatening legal action. He did not commission a structural or building survey prior to purchase. My friend is terrified and I'm wondering if anybody could advise the best way to respond. She is a pensioner on a very low income and can't afford to engage a solicitor. Many thanks in advance.

davidmcn

Sherbertfizz wrote: »

I'm wondering if anybody could advise the best way to respond.

The best way to respond - don't.

It doesn't sound like he's got a leg to stand on.

Doozergirl

If she's terrified then I doubt we'll help much being from the internet that she probably doesn't trust.

She can phone her conveyancing solicitor for some reassurance, but essentially there is still a very large element of "caveat emptor" involved when one buys a property. Not having any kind of survey isn't going to help him. Unless your friend lied to any questions she was asked or in any of the forms she was given (directly in relation to these problems) then she has little to worry about.

Needing a new roof is something that would be obvious to a surveyor. Roofs don't just go overnight, it takes years. Ditto old plaster, if the house is old and it hasn't been touched then at some point it will blow.

The solicitor isn't going to charge for a quick follow up conversation to a threatening letter from a buyer. They are also best placed to respond. Their advice will probably be not to respond!

walwyn1978

Sherbertfizz wrote: »

Asking for a friend who struggles with internet. She sold her flat just over 18 months ago and has just received an email from the purchaser alleging that she had masked problems and failed to disclose defects he says she must have known about. He claims he has had to replace the roof and enclosed pictures of two rooms showing plaster having been hacked back and black mould growing. He is threatening legal action. He did not commission a structural or building survey prior to purchase. My friend is terrified and I'm wondering if anybody could advise the best way to respond. She is a pensioner on a very low income and can't afford to engage a solicitor. Many thanks in advance.

Don't engage. 18 months down the line having not had a survey done? He'll get laughed out of court if it ever got there and he knows this. He's trying it on.

Don't engage, keep the letters and emails just in case they do need to demonstrate harassment etc but don't respond.

kinger101

File the letter in the bonfire.

[Deleted User]

As has been said, it was his choice to not have a full survey, there are a number of options he could have taken, even having a builder or surveyor look at the house.

Unless your friend lied on forms, he has no chance. Ignore. Sounds like a very stupid person.

Davesnave

Until I had personal experience, I found it hard to get my head around the idea that odd individuals (and they usually are!) might attempt to extract money or upset others simply through bluster or lying, rather than having a genuine case to pursue.

On the receiving end, the first reaction may be mirth, but then a creeping doubt can nip in the back door, because surely no one would behave that way without having something to go on.

But they really can do it without having any chance of success, unless you reciprocate. So don't.

Out,_Vile_Jelly

How awful of someone to frighten a struggling pensioner with legal threats.

Please reassure your friend that this is nonsense.

loveka

I have been in the position of buying somewhere and discovering lots of problems that had been covered up.

There is nothing that can be done at all.

In my case, the vendor blatantly lied about the fact that the chimney worked. He had poured concrete down it! He also lied on the sellers from about neighbour disputes!

But even with such big things, my solicitor said it wasn't worth pursuing.

hazyjo

See if they can block the email address too. Not a leg to stand on - but some people can be quite intimidating.

steampowered

Contrary to the other posters, I think your friend should respond to this.

Certainly a response is mandatory under the court procedure rules if a formal 'letter before action' is received.

The response should be very short and along the lines of saying that your friend does not believe there is a legal case to answer as she (i) did not know about the issues (only say this if it is true) and (ii) was not under any obligation to disclose issues in any event, without going into more details. State in the email that she does not intend to engage in further correspondence regarding the matter over email.