Buyers claiming money for damages after completion

93Emilyw

We completed the sale of our house last week. Upon leaving the property we left the owners of our old home a note with instructions such as when bin day was where the best place is to park etc. We were just trying to be helpful. 
Also on the note was a list of how to open and shut doors (it's an old house so there will be the odd lock that's fiddly). We mentioned on the note that the patio door may come off the bottom runner but it's easy to pop back on again and gave basic instructions on how to do this. Our buyer came for two viewings on the property and on the second viewing we disclosed to them the patio door can be difficult and can come off the runner.they stated this was not an issue as they would be removing the door to make it open plan. 
Yesterday we received an email from the buyers solicitors claiming the door was so dangerous that it could "kill someone" and have quoted us £1900 for repairs.
They are claiming that we disclosed "damage" to the door on the day of completion in our note to them which is not the case. Are we liable to pay for the repairs now we have completed? This has obviously caused us alot of stress.

GDB2222

They bought the house in the condition it was in at exchange. The door was in that condition then. Their surveyor ought to have tested the door. You have never warranted that the house was in good condition. They have no case.

GDB2222

But why are you asking strangers on the internet? You must have a solicitor. Ask him. 

Besides that, we have not seen the contract, nor even which part of the country you are in. For all I know, Scotland may have rules that all patio doors are safe. England does not.

Angela_D_3

I doubt they have a case, but check with your solicitors 

tacpot12

I don’t think you are liable. I would write back to the solicitors you say that their client was informed of the doors condition on the second viewing, and that they stated they would be removing the door to make it open plan which shows that they were aware of the problem with the door and that they had ample opportunities to investigate prior to exchanging contracts, and based on this you don’t feel you owe them any money at all.  You might mention that your are hurt that they would try to deny that they were informed about the door. 

NameUnavailable

Ignore it. The property became their responsibility on exchange (England and Wales) and the onus is on the buyer to check the condition of the property they're buying, otherwise why would anyone bother with a survey - you'd just move in and then write up a list of any work needed on the property and bill the seller!

bouicca21

Are you in Scotland?

Davesnave

bouicca21 said:

Are you in Scotland?

It sounds as if the buyers are in Fantasyland.

An email from the solicitors? Really?

Tempting though it would be, I'd not respond. Let them rack up some more fees; this is going nowhere.

Jeepers_Creepers

My gawd - it never ceases to appall me how solicitors will do pretty much whatever mercenary work that's asked of them, regardless of how unreasonable and downright ridiculous it might be. And to use such an emotive term as 'kill someone'? Good lawd.

Doesn't there come a point where their behaviour justifies being reported - this strikes me as little less than attempted extortion? 

Even if the first time you mentioned to fault with the door was with that note - which, of course, it wasn't - you'd surely have prevented the 'near-death' experience for the new occupants with your timely and thoughtful reminder... 

You mention that 'we' told the buyer about the door during the viewing - does that mean that it wasn't just yourself present? Cool - you have a witness.

They do not have a case - the onus is on them or their surveyor to determine the condition of the property before purchase. If you reply, you may wish to remind them of this. You did, however - and it was witnessed - kindly explain about the door during the second viewing, and then quote verbatim (as close as) what the buyer's response to this was. Remind them that this conversation was witnessed. Yes, there is a fault with the door, but this has been the case for X months/years and has not suddenly manifested itself on the day of completion. 

I doubt very much the solicitor will pursue it. If they try, you may need to employ your own solicitor to respond. Do you have Legal Protection on your new household insurance? Call them up for advice. 

davidmcn

bouicca21 said:

Are you in Scotland?

Wouldn't make a difference if they were. There's not normally any warranty about this sort of thing (just services like plumbing/electrics).

John_

Davesnave said:

bouicca21 said:

Are you in Scotland?

It sounds as if the buyers are in Fantasyland.

An email from the solicitors? Really?

Tempting though it would be, I'd not respond. Let them rack up some more fees; this is going nowhere.

Why do you find that strange? I had all sorts of things discussed over email with my solicitor on my last purchase.