Being sued by buyer for failed sale.

Leonberger

We have already lost £600 for the failed sale of the one we were trying to buy.  We weren’t reimbursed a penny and didn’t ask for it either. 

We really can’t afford to pay for the failed sale on our own house too  

Jeepers_Creepers

A couple of things (other than, wow, you are generous...):

1) Is there any way that your original agreement to pay for their survey also - inadvertently - included any suggestion you'd also pay any other of their costs? Ie, are they seizing on 'something' that may have communicated in any way, written or verbal? Was your offer to pay for their survey written down anywhere - can you refer back to it? 

2) The next time they accost you in the street or use any other form of communication over this matter other than via a solicitor, state very clearly that you consider the matter closed; they have no case whatsoever, that if they really believe that they do then to pursue it through the correct means and to NEVER approach you directly EVER again, either physically or via electronic contact. Add very clearly "This is harassment, I find it intimidating, and I WILL be contacting the police if you do this again."

I bet you regret offering to pay for their survey... :-(

foxy-stoat

They have no case, just ignore them.  A gesture of goodwill without prejudice of £180 is exactly that, it wouldn't obligate you to pay anything.

saajan_12

Two issues: 
1) Until exchange, you have no obligation to purchase the property -> no liability to cover another party's costs as you were legally entitled to pull out. 
2) You subsequently offered to pay for a survey. The question is whether this was an agreement or a promise of a gift. I don't think it is an agreement, as there was no consideration (they weren't giving something in return for the £180). Also, they did not do anything in reliance of your promise to pay (as the survey cost had already been incurred, so at the point the offer was made, it would have been free money). So, this seems like a proposed gift, which is not enforceable. 

Leonberger

The original letter they sent was very informal. More of a letter from neighbors asking us why we pulled out and expressing disappointment. At the end of the letter they asked if we would consider contributing to the survey cost of £180. They didn’t have a full survey it was a mortgage valuation for a BTL.

I then replied stating the reason for pulling out, that I was staying put due to the financial implications of coronavirus on our wages.

I apologised for the costs incurred and stated as a goodwill gesture we would pay the amount suggested (£180) as soon as some money we were waiting for came through.

The letter I have now received states the following ‘you were happy to reimburse our costs’ which she states in the second letter amount to £600.
Those costs were not what we agreed to pay at all although she implies that they are.

They also state they are prepared to accept it as a gesture of goodwill rather than take us to court.

I very stupidly didn’t take a copy of our letter to her- like I say it was an informal Scribble on some paper as I never expected it to backfire like this.

So should I pay the £180 now or tell her to take us to court? 

 

Hannimal

While it is very unlikely you are actually liable for anything, I understand where the sellers are coming from as you being an unrealiable seller ended up costing someone else a lot of money. £1200 is a life changing amount of money for a lot of people so they are understandably upset that you weren't going to sell. Their mistake was in trusting you. I'd be upset too. But such are things in this country that you're within your rights to mess your buyers about like this and it's up for them to cover the cost of you not living up to your word. 

It is not fair on the buyers, at all. But legally, they don't have a leg to stand on. 

theoretica

I would reply that you had been willing to gift £180 to maintain neighbourly good feelings, but as their further demands have made it plain that this would not work and good feeling is lost you are sorry but will not be giving them anything. 

Jeepers_Creepers

DON'T PAY A PENNY!

These are truly horrible people. Utterly deluded. 

Your reply stated that your offer was a 'gesture of good will'. Tell me how much 'good will' remains now? Correct. Zero. 

It doesn't matter if you don't have a copy of that letter you sent them - if they have it, then it'll be clear what your intention was. If they don't have it, their case is even weaker = non existent. 

If these folk are deluded enough to pay for a solicitor to try and scare you into coughing up, then they'll accrue costs. Meanwhile, contact your Legal Protection on your home insurance, initially for advice - and to 'legally' counter anything else they send should it be needed.

If you do not have LP, then contact your local CAB.

Don't ignore any 'legal' (ie from a solicitor) contact from them - you should reply, but ideally with some support such as LP or CAB. I imagine the gist will be to say that your kind offer had been purely a 'gesture of good will' and made 'without prejudice', but the former condition no longer applies so you consider the matter closed.   

[Deleted User]

These people are investors and should be thick skinned when it comes to buying properties.  You win some you lose some and all bets are off until exchange of contracts.  I wouldn't have offered to pay for their survey and would start ignoring them and any silly letters they send from now on.

ElephantBoy57

Leonberger said:

The investors live near us- hence why we paid it as we didn’t want bad feeling in the street as we see them often.

If it carries on, you could inform yor local police about posible harassment.