Complaints after settle (Scotland)

Rural_Puppy

Why legal additional costs for you? Surely you simply advise your solicitor you do not accept liability and to ignore any correspondence from the buyers? Someone very early on in this thread suggested deploying the Arkell Vs Pressdram response...   

s88

Well I expect there to be numerous exchanges between solicitors which will come at a cost on both sides. Yes the Arkell vs Pressdram quotation is great, but despite the satirical similarities of my own case and the aforementioned, I always remain professional

I am going to offer to fix the catching door and faulty window handle as a gesture of good will and that I accept no liability for any complaints. I have a tradesman who can do this as a favour owed. I know I may get some eyes rolling at this, but I would like to be seen as cooperative, and I imagine the owners solicitor will tell them to grab it with both hands, unless they want to milk their cash cow a little more.

Rural_Puppy

There cannot be any exchanges if you instruct your solicitors not to respond.

s88

Rural_Puppy said:

There cannot be any exchanges if you instruct your solicitors not to respond.

Is there no legal obligation for them to respond as it's within the 5 working days of completion?

Or do you mean for them to forward my response and then accept no further correspondence?

davidmcn

s88 said:

Rural_Puppy said:

There cannot be any exchanges if you instruct your solicitors not to respond.

Is there no legal obligation for them to respond as it's within the 5 working days of completion?

I'm not sure in how many different ways I need to repeat this advice, but there is no obligation on you (or your solicitors) to make any response or enter into any further discussions.

s88

davidmcn said:

s88 said:

Rural_Puppy said:

There cannot be any exchanges if you instruct your solicitors not to respond.

Is there no legal obligation for them to respond as it's within the 5 working days of completion?

I'm not sure in how many different ways I need to repeat this advice, but there is no obligation on you (or your solicitors) to make any response or enter into any further discussions.

My understanding of the Scottish Standard Clause's is that any defects found within a period of five working days succeeding date of entry mostly related to systems & appliances should be rectified by myself, or the purcahser can claim damages if the faults accumulate to over the value of £400.

Admittedly, none of the complaints mention these direct or are considered 'emergency repair' - maybe the blocked bath but as stated, everything was working fine on departure.

davidmcn

s88 said:

davidmcn said:

s88 said:

Rural_Puppy said:

There cannot be any exchanges if you instruct your solicitors not to respond.

Is there no legal obligation for them to respond as it's within the 5 working days of completion?

I'm not sure in how many different ways I need to repeat this advice, but there is no obligation on you (or your solicitors) to make any response or enter into any further discussions.

My understanding of the Scottish Standard Clause's is that any defects found within a period of five working days succeeding date of entry mostly related to systems & appliances should be rectified by myself, or the purcahser can claim damages if the faults accumulate to over the value of £400.

Yes, the 5 day limit is a requirement for a valid claim. That doesn't imply any obligation on you to respond, or mean that a claim which is otherwise without merit becomes enforceable just because they've met the time limit.

s88

davidmcn said:

s88 said:

davidmcn said:

s88 said:

Rural_Puppy said:

There cannot be any exchanges if you instruct your solicitors not to respond.

Is there no legal obligation for them to respond as it's within the 5 working days of completion?

I'm not sure in how many different ways I need to repeat this advice, but there is no obligation on you (or your solicitors) to make any response or enter into any further discussions.

My understanding of the Scottish Standard Clause's is that any defects found within a period of five working days succeeding date of entry mostly related to systems & appliances should be rectified by myself, or the purcahser can claim damages if the faults accumulate to over the value of £400.

Yes, the 5 day limit is a requirement for a valid claim. That doesn't imply any obligation on you to respond, or mean that a claim which is otherwise without merit becomes enforceable just because they've met the time limit.

Understood. Thank you for your input throughout this thread, I do appreciate it ( and everyone elses ).

This is my first house sale and rather shaken up by the procedure. I'm always striving to gain a greater understanding of legal processes, and as this is one I've not encountered before I'm very much in the dark.

I wish my acting solicitor just asked me the questions which were important and then refuted everything on my behalf, rather than suggesting I speak with the new owners directly, which in a sense insinuates I'm culpable for the complaints and should fix them. Maybe I've just had a bad experience with my solicitor, but in any other industry I pay to have a problem inspected and then fixed. I seem to have a problem here and am paying for the privilege of vague information.

That being said, I would rather pay a professional to make a problem go away, than be bullied out of my money through giving a rebate to the new owners.