Breach of contract on house purchase

[Deleted User]

Don't post recorded. If they refuse to accept the letter or aren't around to sign for it when its delivered it will take extra time for delivery, or not be delivered at all.

You can take the letters to two post offices, obtain free certificates of posting from the post office and it will be deemed as delivered a couple of days after by the court. Keep the certificates, obviously.

davidmcn

...or cover both bases by posting recorded delivery and a duplicate by ordinary post so they can see what it is they haven't signed for...

JANSPAM

Good evening,
I finally got a reply from the vendor's, offering a full and final settlement for the cost of items she removed from the property and nothing else! Just under £800. She didn't even mention, removal, hotel costs etc. Which in total adds another £1400 to the total costs we paid out. Do I bother replying to her saying that her final offer is unacceptable or do I just continue down the small claims route? By offering the costs of items removed am I right in assuming that she has actually helped our case by admitting she'd breached her contract.
Is there any way possible, that if it goes to court the judge could say, we didn't give them long enough to vacate and that we were unreasonable? They were still in the house at 7.30 at night! And their contract stated 12 noon.
Thank you for any comments received.

Hoploz

You may well be in the right, but ask yourself how long you want this hanging over you. I think I'd take the sum offered and draw a line under it, myself. You've done well to get this offer.

AnotherJoe

I would reply stating you will be taking them to small claims eg MCOL unless you receive what you asked for within one week. And then i'd take action.

By offering the costs of items removed am I right in assuming that she has actually helped our case by admitting she'd breached her contract.

No. She's admitted she took some items she shouldn't have. Thats nothing to do with vacant possession for which the rest of your costs are made up of. Why should she get away with making you spend £1400 ?

JANSPAM

How would be the best way to respond without sounding pushy or threatening? One thing I forgot to mention is that there was a problem with the electric gates which were asked to be fixed before completion, the vendor told hers and our solicitor that the gate had been repaired and even sent a video to the estate agent showing it working but when we moved in we discovered after an inspection by a certified electrician who installs electric gates for a living,that the safety sensors had been purposely bypassed to get them working, which apparently is against all sorts of regulations. He did say that who ever did this could easily face prosecution. Why I'm mentioning this is because we don't have a final figure to claim for as the guy who examined the gate said he didn't want to repair it just in case it went to court and the gate needed inspecting by someone else. The problem we've got here is if we don't put down a claim figure the court cost would be as I read it£10,000 or would be estimate that the cost for repair would be no more than £500 so the total we would be costuming for would be less than£3000 so that is what fee we would pay.
Hopefully one last question, the vendors are no longer together so on the forms would we put our joint names down as claiming ie, Mr &Mrs and the defendants as Mr & Mrs but with their separate addresses.
Thank you for all your help with this matter, we really can't afford to just let this go and be out of pocket by so much money. We were hoping that the vendors would be like minded people and hold their hands up to what they did and come to a fair agreement. Sadly this doesn't seem the case.

G_M

Option 1
Accept the offer. It's easiest and lets you get on with life


Option 2
Negotiate further. Send a 'Letter efore action for the full amount (the 800 + 1400 + gate repair), but say "without prejudice" that if you receive, say, £1500 (or whatever) by (date - 1 week?) you'll agree to take no further action, otherwise you will claim it all.


Option 3
Letter Before Actin fr the full amount, followed by small claim in 10 days.


Your claim should name both joint defendants, and give their respective addresses (assuming you know both).

kay0601

I have to say I'd be answering back saying thanks for agreeing to pay for what you took but I'm looking for the full amount or I'll have to take you to court. If you've photographic evidence that they didn't vacate then surely they haven't a leg to stand on.

Annie35

Could you write your agreement along the lines of 'yes I'll accept £800 for the items taken, payment details here,....'

Receive the funds then go in for the other costs?? Is that an option

JANSPAM

We followed CAB guidance of sending a letter before action to make sure we followed the correct procedure before taking court action. This is what the vendor was replying too.