Scotland sold house and leak claim

Maxwell1234555

I sold my 2 bedroom house in Scotland the new owner got the keys on 14/5/21 and I thought everything was done. Fast forward until 4th June my solicitor now receives a letter from the new buyers solicitor claiming there’s been a leak in the up stairs bathroom and they’ve had to get a plumber in to fix the leak and damage for nearly £2k and they state I new about this leak and have tried to cover it up by painting the ceiling and over the plasterboard that was rotten.  I responded to my solicitor stating I don’t see how this is anything to do with me, plus it is 21 days after keys/sale so is it not time barred? My solicitors reply to me is not 100% clear. And why I’m on here.

Firstly I didn’t know about this hence why I said I didn’t know about it in cl 5 of any known leaks or structural damages to the property.

Secondly it took the buyer 21 dates to notify my solicitor of the issue and even then it wasn’t to notify it was to clearly provide a bill with some very questionable photos and invoice saying there was a leak, here’s a invoice to fix it, pay.

now the new owner is threatening to take me to court over his claims I knew of the leak. 

my question is can he take me to court? And who should be liable to pay for theses fixings? 

Thanks in advance 

user1977

Maxwell1234555 said:

My solicitors reply to me is not 100% clear.

It would help if you told us what it says.

I didn’t know about this hence why I said I didn’t know about it in cl 5 of any known leaks or structural damages to the property.

Clause 5 of what? That doesn't make sense if it's the Scottish Standard Clauses being used in your missives. The relevant time limit to notify you of any defects in plumbing is whatever it says in the missives - usually that's 5 working days from the date of entry.

now the new owner is threatening to take me to court

Via their solicitor? What exactly are they saying?

Maxwell1234555

My solicitors reply is basically saying it’s up to me how to deal with it and doesn’t confirm if there is a time limit on a claim or if the buyer has any legal standing. 

yes cl5 of standard Scottish clauses. 

Missives I’d have to double check but that rings a bell with me 5 week days or 7 calendar days.

The buyer claims they are going to take me (not my solicitor) directly to small claims court and they tried to bully the issue by emailing if they don’t hear a response that I will pay by the end of play they will be going to small claims court, that was on 21/6/21. I didn’t reply nor did my solicitor. 

deannagone

To stand any chance of success.., after the five days are over, they'd have to prove you knew of the leak.  I don't see how they could do that.  Fresh painting could be done to make the place look good to prospective buyers, that's not proof of knowledge of a leak unless it covered up a large damp stain.  Did it?  Was it freshly painted?

user1977

If they're out of time (seems very unlikely they weren't) then just ignore them. I doubt they'll actually pursue it.

AdrianC

How long had you owned the property?

"I didn't know" is going to be a lot more credible if you owned it for a year than if you owned it for 25...

Can he take you to court? Of course he can. I could take you to court for money that I swear blind you owe me...
The relevant question is... If and when he does, can he WIN?
The answer to that is as dependent upon the defence you lodge as on the particulars of his claim. A defence as simple as "Nah, not me, I know nuffink." is not guaranteed to get you very far.

user1977

Maxwell1234555 said:

Firstly I didn’t know about this hence why I said I didn’t know about it in cl 5 of any known leaks or structural damages to the property.

This is the current version of the Scottish standard clauses. Clause 5 isn't relevant.

Clause 2.1 warrants you're not aware of any wet rot / dry rot (don't know if that's relevant).

Not sure where the stuff about leaks and structural damage is coming from?

Maxwell1234555

deannagone  that's not proof of knowledge of a leak unless it covered up a large damp stain.  Did it?  Was it freshly painted?

We painted the kitchen walls about a year before but never touched the ceiling and that’s where his plumber claims the rot was. We never seen signs of damp/rot or anything there, nor did our painting try to cover up anything, it was simply to have fresh paint. 

I’d owned the property for 4 years so in the grand time scales not long. 

Sounds to me like a bullying/scare tactic, my feeling is the buyer hadn’t got house insurance yet so is having to pay for it out of his own pocket, which is why he’s so angry 

Greymug

The most embarrassing thing is how your solicitor seems to be clueless. I mean, it's literally their job to read the contract/missive and clear the waters.