Solicitor Question before exchange

rhetse1

Hello

I'm very close to exchange and today my solicitor emailed asking:

The buyers’ Solicitors have asked us to confirm whether or not you are aware of any items that are in need of repair/maintenance

When I bought my property (mortgage free) I paid for a survey, the surveyor only found one problem which he felt should be addressed. The buyer can clearly see the windows, kitchen, bathroom need to be replaced, the house needs to be redecorated, this was reflected in their offer which I accepted.

How do I word my reply, is this question usually asked?

Thanks in advance

D_M_E

Never been asked such a question about any house I've sold, not even the one with broken windows and guttering.

Whatever your answer, be prepared for a last minute cut in the offer price to account for any outstanding issues, which you have already discounted your asking price for.

Must assume your buyers are probably first timers to ask such a question.

Would simply reply that price was agreed based on survey - they did have one, yes? - and condition of property at time of survey, and leave it at that.

G_M

"The property has been priced to reflect its condition. The buyers are advised to rely on their own inspection of the property."

Do not start listing issues or problems.

Equally, do not state that there are no issues or problems, or you'll end up fighting claims to repair every scuffed skirting board later!

eddddy

rhetse1 wrote: »

The buyers’ Solicitors have asked us to confirm whether or not you are aware of any items that are in need of repair/maintenance

I'm surprised that your solicitor forwarded this question without any advice on how to answer it.

As G_M says, the standard answer would be "The buyer should rely on their own inspections of the property."

rhetse1

Thanks, it is a ridiculous question, they’ve visited twice, had a survey, made an offer. The buyer is in their 60’s.

I will speak to my solicitor asking how I’m expected to answer this question without giving him an opportunity to start dropping the price.

I'm off to work on my reply!

glennevis

When I sold my house a year ago I was asked a similar question. My reply was along the lines of G_M's suggestion "property priced to reflect condition" definitely didn't list anything. Any other reply would have been asking for trouble.

bertiewhite

3 days before I exchanged, I received a letter from my solicitor asking me to confirm that the heating would be serviced before exchange.

When I phoned my solicitor to say that I couldn't confirm it (buyer hadn't mentioned this previously, lack of time etc.) he explained that the buyer was probably just trying it on and that he was duty-bound to forward the question on, despite guessing what my answer would be.

Talk to your solicitor.

rhetse1

bertiewhite wrote: »

3 days before I exchanged, I received a letter from my solicitor asking me to confirm that the heating would be serviced before exchange.

When I phoned my solicitor to say that I couldn't confirm it (buyer hadn't mentioned this previously, lack of time etc.) he explained that the buyer was probably just trying it on and that he was duty-bound to forward the question on, despite guessing what my answer would be.

Talk to your solicitor.

Just to let you know how my situation ended, though the major problem and stumbling block was their perception of the leasehold agreement.

I responded with "No I'm not aware of any items that are in need of repair/maintenance."

Discussions regarding only the lease rumbled on for a further two weeks and then for no apparent reason they agreed to exchange, (with completion two weeks later) even though none of their so called problems concerning the lease had been resolved, which would have been difficult since they didn't exist.

Leasehold, never again.

eddddy

rhetse1 wrote: »

I responded with "No I'm not aware of any items that are in need of repair/maintenance."

As suggested in earlier replies, it's better not to say that.

It gives the buyer a possible opening for future argument and litigation.

e.g. When the roof needs expensive repairs, and a 'busy-body' neighbour says that they told you that the roof was dodgy, etc.

letitbe90

eddddy wrote: »

As suggested in earlier replies, it's better not to say that.

It gives the buyer a possible opening for future argument and litigation.

e.g. When the roof needs expensive repairs, and a 'busy-body' neighbour says that they told you that the roof was dodgy, etc.

I'd probably reply as he has, but maybe add "but everything is as seen, if you wish to inspect at your time/cost feel free to, no guarantees can be made" to avoid potential issues. In the end, it should all be caveat emptor surely (the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.).


Saying that, we sold a house once where we stated a working fridge/freezer will remain. However, near completion, it just died so we threw it out. The buyers tried to make a fuss of it threatening to talk to their solicitor, I told them to do one and go ahead. Heard nothing back , the cheek of it, as if I was going to buy a new fridge for them due to unforeseen circumstances.

eddddy

letitbe90 wrote: »

In the end, it should all be caveat emptor surely (the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.).

No - the OP's statement was included in the contract, and therefore is binding.

There would be no point in having contracts if they weren't binding.


Edit to add...

Although, not everyone will choose to enforce their contractual rights.