False Claim from buyer against missives

Babeebeetz

Hi

i just sold my house and the buyers moved in on that day the msged me and said heating wasn’t working, how could they switch it on. I kindly told them to switch from off to on or timed on panel etc as we had switched to off due to moving trying to be helpful I told them there is a reset button on the boiler just incase pilot light had went out but not to worry the system works perfectly. So I hear nothing else think they obviously followed what I said and had no issues .... as there was nothing wrong in first place. Anyway 5 days later my solicitor contacts me and says they are claiming against the missives.

they had 3 complaints;-
heating system not working, they claim they got a heating engineer out and he replaced a pump which was apparently broken and leaked... which hadn’t happened when we we there ... now I might have though oh !!!!!! this has some how happened but they go on to say it worked but then they had to get someone out again because “every” radiator in the house was leaking and 2 have to be fully replaced. - now there is just no way ... I never even had one leak but “every” radiator ... I mean can that even happen... anyway think they’ve been had by company wanting to make money... but how can I know prove it was working up until I left (day of settlement) I mean they have now had the system messed with and of course will have bills to show that or whatever... but I’m genuinely not lying... the house and system are like 15 years old but worked properly. 

So say I even believed all that or just took it onboard for an easy life. They then say that the external garage door can’t be secured... I.e. doesn’t lock... again they had enquired how to lock it on moving in day ... but I told them and again it genuinely worked and was secured the whole time we lived there... again prob 15 years old but working... the buyers claim to have had a garage door specialist out to inspect it ... and it can’t be repaired and replacement will cost £750. I was close to saying it can’t be repaired cos it wasn’t broken in the first place. So again either they are that stupid they can’t work the door (and neither can a supposed specialist) or they have did something to it... either accidentally or because they would rather have a brand new door... I feel like saying we’ll come round now and secure it... show you how... but like I say what if it can’t be now... how can I possibly prove the door did work.
I actually feel like I’m guilty of something like no one will believe me but I swear both where working.
for good measure they have also threw in something about the downstairs toilet not flushing, and how the flush system was broken and they had to buy stuff from B and Q but couldn’t fit so will need a plumber... this is the only one that is close to true however it is in full working order but we had turned the water off to the cistern to stop my toddler being in danger as he wanted to play either water in there... we forgot when leaving to turn the water on  to it, but think this shows the guy doesn’t know what he is talking about ... ok on this one genuinely believes it’s broken (at least that’s something) but proceeds to say the flush mechanism is broken etc meaning the actually parts and how a plumber is needed and it’s like maw mate just turn the water supply to it back on...
anyway the third one is the least of it cos like I say he might actually believe that one ... but the other 2 are ridiculous ... I’m now scared I’ll have to foot the bill and it’s only to get him a better house than I actually had with new radiators and garage door... but how can I legally say and or prove what I can no longer prove ... they could have done anything since moving in.... surely they can’t just say things are broken and get work done and it’s my problem... when I didn’t know... should they not have had to allow me to come inspect or get my own experts to look at before they have now changed systems... even then if I ran to inspect or deal with it myself though I could have also found say the garage door broken... but due to them... how do you prove that ... I mean you don’t think to video yourself showing the door can lock or radiators aren’t leaking to have proof incase someone claims problems that didn’t exist..

sorry I know this goes on a bit of a ramble but I genuinely stressed and actually upset by this as I genuinely though I’d left the house to nice people and they’d be happy there... and was going to celebrate the sale ... now I feel they always intended on trying to rip me off by “claiming” things weren’t working and stuff to recoup some costs... honestly any advise is greatly appreciated. 

I don’t even know how to respond to the claims...

ciderboy2009

I don't know much about the Scottish system but have they provided copies of reports from these experts detailing the problemsand receipts for the work they had to have done?

If not then I would respond in much the same way as you have here.

csgohan4

caveat emptor springs to mind.

Did they check the lock? did they commission a boiler inspection by a qualified tradesman? If no then nothing much they can do. 

Ensure your solicitor gives you advice on this though and whether you need to reply
I didn't check properly on my last purchase and paid for it with a leak from the bathroom to the kitchen, needing ceiling replastered and plumbing repaired. No one's fault but mine, fair play to the vendor, hid it well with repainting of previous brown patches. 

I didn't get a boiler check as it was only 6 months old from completion though. 

davidmcn

csgohan4 said:

Did they check the lock? did they commission a boiler inspection by a qualified tradesman? If no then nothing much they can do. 

Are you bearing in mind there is normally a warranty in the missives that the boiler / plumbing / electrics will at least be in working order? I don't see the relevance of the garage lock though, there won't have been a guarantee about that working.

theoretica

What does your solicitor advise? 

Not an expert, but my understanding of a claim against missives is buyer needs to formally notify about the *problem* and seller then has a few days to sort it out at their expense. Only if the seller doesn't do this or it is an 'emergency' can they move to sorting it themselves.

theartfullodger

There is a Scottish process that permits this.  Discuss this with your solicitor.

I had this with last house I sold up there.  One was a not-reading-the-instructions problem, the other two kinda valid but IIRC below the £££ limit for such claims.  But I sorted them as the decent thing to do, you know, fair play.

Gentoo365

csgohan4 said:

caveat emptor springs to mind.

It is different in Scotland. 
The seller is responsible for ensuring certain things are done/working. 
Legal liabilities are slightly different so usually best to get legal advice specific to Scotland.

sheramber

When completing the form my solicitor told me Icould warrant that everything was working or I could elect not to give any guarantee. While everything was working I chose not to to avoid any problems such as something breaking down immediately after the sale. 

csgohan4

Gentoo365 said:

csgohan4 said:

caveat emptor springs to mind.

It is different in Scotland. 
The seller is responsible for ensuring certain things are done/working. 
Legal liabilities are slightly different so usually best to get legal advice specific to Scotland.

But how does one ensure one is working? via certified reports or by vendor on a piece of paper? if the latter, how are you going to prove their lying?

Babeebeetz

yeah that’s my problem if I thought someone would do this and lie I would have made sure I had a specialist out that day to certify it was working but now I have the issue of it was working... but they say the opposite ... and how can I prove it now  

davidmcn

You do it with your own testimony (and that of anybody else familiar with the house) that all of these things were in working order. And the improbability that somebody was continuing to occupy the property with a non-functioning boiler, rather than getting it fixed. But these things don't usually get as far as court action anyway. What's the value of their claim after deducting the bit about the garage lock?