Buyers claiming money for damages after completion

eve824

We had a similar problem with our buyers, although it was a multitude of fabricated issues rather than one single issue. He was basically trying to get £2k out of us and I guess he thought if he pressured us and made enough threats we would pay. His attitude suggested he had done this in the past and it had worked - unfortunately he took on the wrong people (stubborn + intelligent enough to know we weren't in the wrong). We didn't entertain anything and he started a small claims court claim against us. We then got help from the legal cover on our home insurance, they wrote a defence (basically saying it was a nonsense claim) and he dropped it. Cost him an extra £105 to do that which amused us. Cost us nothing for the legal cover on the home insurance. 

Caveat emptor - buyer beware. It basically means the buyer takes the house as is on day of exchange, warts and all. They would have to prove the door wasn't like that on day of exchange, then it broke subsequently. They won't get anywhere, but get your solicitor to write a formal rebuttal. 

ETA: Our legal help on home insurance only 'activated' when the SCC was opened.

Davesnave

John_ said:

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.

  I had all sorts of things discussed over email with my solicitor on my last purchase.

Strangely enough, so did I, but if I was attempting to put weight behind a claim on a third party I'd put it in a letter.

Perhaps the solicitor may be indicating by this choice that they don't think the claim has a snowball's chance in hell, but they're humouring the vendor....cheaply.

greatcrested

No need to respond.

ChewyyBacca

eve824 said:

<snip>
ETA: Our legal help on home insurance only 'activated' when the SCC was opened.

@e@eve824 I googled quite a bit on SCC. Could you pls explain this?

waamo

Davesnave said:

John_ said:

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.

  I had all sorts of things discussed over email with my solicitor on my last purchase.

Strangely enough, so did I, but if I was attempting to put weight behind a claim on a third party I'd put it in a letter.

Perhaps the solicitor may be indicating by this choice that they don't think the claim has a snowball's chance in hell, but they're humouring the vendor....cheaply.

This sounds likely. Any genuine threat of court action must be communicated by mail and a solicitor will know this.

davidmcn

waamo said:

Davesnave said:

John_ said:

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.

  I had all sorts of things discussed over email with my solicitor on my last purchase.

Strangely enough, so did I, but if I was attempting to put weight behind a claim on a third party I'd put it in a letter.

Perhaps the solicitor may be indicating by this choice that they don't think the claim has a snowball's chance in hell, but they're humouring the vendor....cheaply.

This sounds likely. Any genuine threat of court action must be communicated by mail and a solicitor will know this.

Only if it got to the stage of actually requiring a letter before action. There's nothing noteworthy about an initial communication of a claim being by email.

eve824

ChewyyBacca said:

eve824 said:

<snip>
ETA: Our legal help on home insurance only 'activated' when the SCC was opened.

@e@eve824 I googled quite a bit on SCC. Could you pls explain this?

Small Claims Court

GDB2222

davidmcn said:

waamo said:

Davesnave said:

John_ said:

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.

  I had all sorts of things discussed over email with my solicitor on my last purchase.

Strangely enough, so did I, but if I was attempting to put weight behind a claim on a third party I'd put it in a letter.

Perhaps the solicitor may be indicating by this choice that they don't think the claim has a snowball's chance in hell, but they're humouring the vendor....cheaply.

This sounds likely. Any genuine threat of court action must be communicated by mail and a solicitor will know this.

Only if it got to the stage of actually requiring a letter before action. There's nothing noteworthy about an initial communication of a claim being by email.

I appreciate that a LBA is required, but is there really any objection to this being sent by email these days? 

waamo

GDB2222 said:

davidmcn said:

waamo said:

Davesnave said:

John_ said:

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.

  I had all sorts of things discussed over email with my solicitor on my last purchase.

Strangely enough, so did I, but if I was attempting to put weight behind a claim on a third party I'd put it in a letter.

Perhaps the solicitor may be indicating by this choice that they don't think the claim has a snowball's chance in hell, but they're humouring the vendor....cheaply.

This sounds likely. Any genuine threat of court action must be communicated by mail and a solicitor will know this.

Only if it got to the stage of actually requiring a letter before action. There's nothing noteworthy about an initial communication of a claim being by email.

I appreciate that a LBA is required, but is there really any objection to this being sent by email these days? 

It can only be sent by email if the intended defendant agrees to it beforehand. If they don't agree (and why would you make it easier for them) then it has to be by post.

93Emilyw

GDB2222 said:

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.

The solicitor we used for the conveyancing are not qualified to deal with litigation apparently, they just passed on the email from our buyers solicitor... 
Also a quick question on this forum isn't going to hurt is it... 

We are in England to answer your question....