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Selling flat - issue after exchange - can it stop completion?
ddaisey
Posts: 2 Newbie
Hello,
I’m currently selling a leasehold flat in Warrington (if that matters) and have exchanged contracts and due to complete on Tuesday. Last week (one week after exchange), the freeholder informed me that there are some repairs to be done on the exterior of the property that he believes I have done damage to (I did not). Those were there before I moved in more than 3 years ago. I have no proof of this.
He is saying he wants me to pay for half of the cost of fixing (total cost to me would be £800).
a) Do I need to inform the chap who is buying from me?
b) Do I need to pay it?
c) Can this stop completion from happening? i.e. can the freeholder somehow stop completion and could the new buyer come after me after completion?
Thanks
Daisy
I’m currently selling a leasehold flat in Warrington (if that matters) and have exchanged contracts and due to complete on Tuesday. Last week (one week after exchange), the freeholder informed me that there are some repairs to be done on the exterior of the property that he believes I have done damage to (I did not). Those were there before I moved in more than 3 years ago. I have no proof of this.
He is saying he wants me to pay for half of the cost of fixing (total cost to me would be £800).
a) Do I need to inform the chap who is buying from me?
b) Do I need to pay it?
c) Can this stop completion from happening? i.e. can the freeholder somehow stop completion and could the new buyer come after me after completion?
Thanks
Daisy
0
Comments
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Hello,
I’m currently selling a leasehold flat in Warrington (if that matters) and have exchanged contracts and due to complete on Tuesday. Last week (one week after exchange), the freeholder informed me that there are some repairs to be done on the exterior of the property that he believes I have done damage to (I did not). Those were there before I moved in more than 3 years ago. I have no proof of this.
He is saying he wants me to pay for half of the cost of fixing (total cost to me would be £800).
a) Do I need to inform the chap who is buying from me?
b) Do I need to pay it?
c) Can this stop completion from happening? i.e. can the freeholder somehow stop completion and could the new buyer come after me after completion?
Thanks
Daisy
a) only if your lawyer asks you any further questions - and then check with them whether you are obliged to provide any further information
b) the upkeep of the exterior is likely to be a freeholder obligation, the cost of which will be passed through the service charge. So i would say the likely answer, if you didn't cause the damage is no. This will get billed to all the owners in due course.
c) probably not. the freeholder is unlikely to have the right to approve a transfer of the property. Anyone can sue anyone, but if you didnt do the damage, then you won't be liable for it. His better recourse in any event will be through the service charge to all of the owners. The new buyer takes on risk of the property from exchange - so no, not unless you have been dishonest in anything you have told them.0 -
If I was your buyer and this happened to me, you would be getting a letter from my solicitor after completion.
In your shoes, you should ask your solicitor if you need to declare it.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
If I was your buyer and this happened to me, you would be getting a letter from my solicitor after completion.
In your shoes, you should ask your solicitor if you need to declare it.
My solicitor says no need, nothing to do with me (or my buyer for that matter).
Why do you say i'd be getting a letter? What would the letter be saying?0 -
If I was your buyer and this happened to me, you would be getting a letter from my solicitor after completion.
In your shoes, you should ask your solicitor if you need to declare it.
I think it’s good advice fo the OP to ask their solicitor.
What would your letter say of the OP did nothing wrong in not declaring this communcation? ( which sounds like a try on)0 -
What type of damage is it?
Presumably whatever damage there was would have been there when your purchaser viewed the property?
If you have no proof that you damaged the property,what proof does the freeholder have that you did?
It sounds as if it might be something that is going to have to be absorbed my the management company/service charges unless it can be categorically proved that you did it ,in which case I guess it would be a civil matter to reclaim the costs from you.in S 38 T 2 F 50
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If I was your buyer and this happened to me, you would be getting a letter from my solicitor after completion.
.
and the letter could be ignored unless there was a legal basis on which the letter was based. Or worse, the recipient of the letter might complain that the lawyer is issuing vexatious threats which is a conduct issue for lawyers if there are no grounds for making claims.
So let's look at the legal basis.
Risk passes on exchange of contracts
The property was in that condition prior to exchange
What has changed?
The landlord has mentioned that he thinks you are liable - you have said you're not. What is there to disclose?0
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