Complaints after settle (Scotland)

davidmcn

s88 said:

After some harsh probing of my solicitor, they told me I have a period of five working days as per missives to have my own tradesman inspect/repair any defect. After this, the new owner may carry out the repairs and chase me for payment

The only relevant defect though being (maybe) the bath. And only if it costs more than £400.

More often than not, nothing comes of such claims (even the legitimate ones). I wouldn't bother doing anything else.

AdrianC

s88 said:

Sorry, I've been writing in a bit of a fury. Yes, I'm frustrated at my own solicitor and how lax their approach is. They've been rubbish throughout the whole process of buying and selling and offered little legal advice. Perhaps it's just my method of working, but if the roles were reversed and I was the solicitor receiving the email, I would be instructing my client which complaints are legitimate and what needs to be done.

Would you be paying them for their time to do so?

davidmcn

AdrianC said:

s88 said:

Sorry, I've been writing in a bit of a fury. Yes, I'm frustrated at my own solicitor and how lax their approach is. They've been rubbish throughout the whole process of buying and selling and offered little legal advice. Perhaps it's just my method of working, but if the roles were reversed and I was the solicitor receiving the email, I would be instructing my client which complaints are legitimate and what needs to be done.

Would you be paying them for their time to do so?

I would say the norm would be for an initial claim (or response) to be bundled into a standard conveyancing fee, and any additional charges only to kick in if you want to pursue it further via the solicitors.

AdrianC

davidmcn said:

AdrianC said:

Would you be paying them for their time to do so?

I would say the norm would be for an initial claim (or response) to be bundled into a standard conveyancing fee, and any additional charges only to kick in if you want to pursue it further via the solicitors.

You're assuming the OP was on a fixed-cost conveyance?

molerat

I'm going with theartfullodger, I wonder if your solicitor would go for it

davidmcn

AdrianC said:

davidmcn said:

AdrianC said:

Would you be paying them for their time to do so?

I would say the norm would be for an initial claim (or response) to be bundled into a standard conveyancing fee, and any additional charges only to kick in if you want to pursue it further via the solicitors.

You're assuming the OP was on a fixed-cost conveyance?

Yes, that's a reasonable assumption to make. Can't remember the last time I heard of any residential conveyancing being done in Scotland on a time-and-line basis.

They'll have (almost certainly) already paid whatever the fee came to anyway at settlement, that doesn't literally mean that the solicitors refuse to talk to you about anything afterwards before you give them more cash.

s88

It wasn't a fixed cost, there was added expenses due to extra work required. Yes, my solicitor was paid at settlement last week. I would of thought that the solicitor who was acting on my behalf is obliged to consult with me the options I can pursue and give advice on the situation. They did state that further action (ie refuting claims to purchasers solicitor) would enact further costs which I accept, and is also the reason why I have decided to call the purchaser to see what they are actually wanting me to do.

Rural_Puppy

Say nothing to the buyers. Leave it alone. The house belongs to them now. You are only liable if something does not work properly, and the cost of repair is more than £400. None of the items you listed seem above that. Blown DG  units that were apparant at the time of viewing is "buyer beware" territory.

davidmcn

s88 said:

They did state that further action (ie refuting claims to purchasers solicitor) would enact further costs which I accept, and is also the reason why I have decided to call the purchaser to see what they are actually wanting me to do.

The even cheaper option is to do absolutely nothing. Why would you want to find what they want you to do? You don't, as far as I can see, have to do a thing.

s88

davidmcn said:

s88 said:

They did state that further action (ie refuting claims to purchasers solicitor) would enact further costs which I accept, and is also the reason why I have decided to call the purchaser to see what they are actually wanting me to do.

The even cheaper option is to do absolutely nothing. Why would you want to find what they want you to do? You don't, as far as I can see, have to do a thing.

Rural_Puppy said:

Say nothing to the buyers. Leave it alone. The house belongs to them now. You are only liable if something does not work properly, and the cost of repair is more than £400. None of the items you listed seem above that. Blown DG  units that were apparant at the time of viewing is "buyer beware" territory.

I appreciate the advice, just concerned regarding any recourse. Everything does indeed work, which is why I would appreciate an actual conversation with my solicitor with them explaining what my options are and what is recommended in regards to the legal system and missives. The cost of all complaints may be over £400 all together, but who determines the cost? Unless I'm misunderstanding and the £400 threshold only applies to plumbing, electrical and similar items - not superficial things like condensation inbetween double glazing, slightly stained wall, a door catching and awkward window handle.

I've never been in this situation before, and it's causing unnecessary stress. I think I am correct in saying that if issues are not stated in the missives, then I'm under no obligation to correct or compensate for these issues if not rectified by settlement. Even if the issues were raised during viewing, a 'gentleman's agreement' can be broken with no recourse.