Buyer complaint within 5 days - Scotland

tillypops

Hello, after a bit of advice please first time sellers here.  
We had our home report completed, house listed and sale was completed all within 8 weeks.  On day 5 of us having moved out we received an email from our solicitor stating that the buyer was seeking a quote from a joiner because of an issue with flooring - apparently he lifted a carpet and there was a hole. (We were aware of a loose flooring from when we had central heating put in a few years previously but definitely not a hole). This was apparent during the home report and all visits. The home report also states "loose and uneven flooring". 
Fast forward to now - 6 weeks post move and our solicitor has forwarded a copy of a quote the buyer received for £1800. This is to fix the flooring and now also repair joists on the staircase (the stairs squeak but its a 35 year old house). Again, unless the buyer floated up the stairs during his viewing then this would have been apparent.  We have instructed her to advise we will not be covering the costs.
But I am having sleepless nights worrying about the legal ramifications.  Are we safe because the home report stated an issue throughout the house with loose flooring? As the stairs were not mentioned within the 5 days is that a null point? Are they even allowed to claim for squeaky stairs?! It's not a new build they have bought.  I'm so stressed about it. Thank you.

[Deleted User]

tillypops said:

Hello, after a bit of advice please first time sellers here.  
We had our home report completed, house listed and sale was completed all within 8 weeks.  On day 5 of us having moved out we received an email from our solicitor stating that the buyer was seeking a quote from a joiner because of an issue with flooring - apparently he lifted a carpet and there was a hole. (We were aware of a loose flooring from when we had central heating put in a few years previously but definitely not a hole). This was apparent during the home report and all visits. The home report also states "loose and uneven flooring". 
Fast forward to now - 6 weeks post move and our solicitor has forwarded a copy of a quote the buyer received for £1800. This is to fix the flooring and now also repair joists on the staircase (the stairs squeak but its a 35 year old house). Again, unless the buyer floated up the stairs during his viewing then this would have been apparent.  We have instructed her to advise we will not be covering the costs.
But I am having sleepless nights worrying about the legal ramifications.  Are we safe because the home report stated an issue throughout the house with loose flooring? As the stairs were not mentioned within the 5 days is that a null point? Are they even allowed to claim for squeaky stairs?! It's not a new build they have bought.  I'm so stressed about it. Thank you.

What advice has your solicitor given you? 

I don’t know what’s in your missives but assuming the Scottish Standard Clauses were used I don’t see how you would be liable for any of the claim. 

tillypops

Lover_of_Lycra said:

tillypops said:

Hello, after a bit of advice please first time sellers here.  
We had our home report completed, house listed and sale was completed all within 8 weeks.  On day 5 of us having moved out we received an email from our solicitor stating that the buyer was seeking a quote from a joiner because of an issue with flooring - apparently he lifted a carpet and there was a hole. (We were aware of a loose flooring from when we had central heating put in a few years previously but definitely not a hole). This was apparent during the home report and all visits. The home report also states "loose and uneven flooring". 
Fast forward to now - 6 weeks post move and our solicitor has forwarded a copy of a quote the buyer received for £1800. This is to fix the flooring and now also repair joists on the staircase (the stairs squeak but its a 35 year old house). Again, unless the buyer floated up the stairs during his viewing then this would have been apparent.  We have instructed her to advise we will not be covering the costs.
But I am having sleepless nights worrying about the legal ramifications.  Are we safe because the home report stated an issue throughout the house with loose flooring? As the stairs were not mentioned within the 5 days is that a null point? Are they even allowed to claim for squeaky stairs?! It's not a new build they have bought.  I'm so stressed about it. Thank you.

What advice has your solicitor given you? 

I don’t know what’s in your missives but assuming the Scottish Standard Clauses were used I don’t see how you would be liable for any of the claim. 

I will need to double check the missives but would also assume it is scottish standard.

She hasn't really given us much in the way of advice but more just asked how we want to proceed. 

 Initially when the first email from buyers solicitor came through she acknowledged it then advised we had the option to get a quote for the works ourselves but ultimately had to just wait for buyers own quote. We declined to arrange our own quote as felt that would be admitting we were at fault.
So now she is going to give a proper response to his solicitor, stating we do not intend to pay. And she advised it would be unlikely that we were taken to court but it could happen. 

I really don't understand why it is being entertained at all considering the home report was accurate. 

yllop1101

I'm not sure how England may differ to Scotland, however I moved into my house and within 6 weeks had pretty significant issues with the drains and roof. Rather than going after the sellers, as after all, they weren't obliged to tell me things I didn't ask, I am in dispute with the surveyors. It is now with the RICS adjudication panel to decide. If they feel things weren't accurate in the home report surely it is the surveyor who is responsible for that? 

user1977

Assuming Scottish standard clauses, the only relevance of intimating a claim within 5 working days would be under the warranty that "any systems or appliances of a working nature (including central heating, water, drainage, electric and gas systems) forming part of the Property or included in the Price will be in working order commensurate with age as at the Date of Settlement."

Which is nothing to do with flooring.

Not sure why either solicitor is entertaining them really. At most they might have a claim against the surveyor if they think the Home Report should have said more, but that wouldn't involve you at all.

Greymug

user1977 said:

Not sure why either solicitor is entertaining them really. At most they might have a claim against the surveyor if they think the Home Report should have said more, but that wouldn't involve you at all.

Judging by all the Scottish home reports I've read, in all the properties that have carpet, the surveyors always write something along the lines of "since there was carpet throughout the property and we couldn't lift it, please be aware that our assessment has some limitations"

It's a standard line they put in to protect themselves from possible claims.

In my opinion, the buyer has no ground for a claim. What the buyer should have done, was put in an offer "subject to further assessment by a joiner/floor specialist" if they were concerned by the squeaky floor. They haven't done that so OP you can tell them to !!!!!! off

tillypops

Hi all - just an update and seeking reassurance 🙄 our buyer decided to file a simple procedure order. There has been a bit of back & forth with regards to timeline of events. We had a case management session via Webcam today with the sheriff who has now asked the claimant to provide a copy of the missives.  It turns out the buyer has also contacted the home report providers to complain to them.  We all agreed to the Scottish standard missives 4th edt. Is it likely to go in our favour or the buyers?😑

Pixie5740

tillypops said:

Hi all - just an update and seeking reassurance 🙄 our buyer decided to file a simple procedure order. There has been a bit of back & forth with regards to timeline of events. We had a case management session via Webcam today with the sheriff who has now asked the claimant to provide a copy of the missives.  It turns out the buyer has also contacted the home report providers to complain to them.  We all agreed to the Scottish standard missives 4th edt. Is it likely to go in our favour or the buyers?😑

What in the 4th edition of the Scottish Standard Clauses do you think gives the buyer a pot to !!!!!! in?

user1977

tillypops said:

Hi all - just an update and seeking reassurance 🙄 our buyer decided to file a simple procedure order. There has been a bit of back & forth with regards to timeline of events. We had a case management session via Webcam today with the sheriff who has now asked the claimant to provide a copy of the missives.  It turns out the buyer has also contacted the home report providers to complain to them.  We all agreed to the Scottish standard missives 4th edt. Is it likely to go in our favour or the buyers?😑

What exactly does their claim say? My opinion hasn't changed since August...

tillypops

Just a little update for anyone who cares 😂
I'm happy to report you were all correct. The buyer had no case. After a 2nd case management session and eventually an evidentiary hearing at the beginning of this month, the buyer's case was dismissed by the sheriff on the grounds that the buyer made no request for additional floor/ structural survey to be carried out in their offer, both them and their mortgage provider accepted the terms of sale as they were (I.e agreeing to the conditions of the home report) and that there was no legal basis of claim going by the missives. 
I can't express how relieved we are after so many months of worry! 

justwhat

Buyers are starting to go down this road more and more . They are just chancing there arm, some people will cough up.

The world is just not the same anymore far too many chancers out there that society tolerates and panders too. @tillypops I would hope you would be awarded some sort of compensation towards costs.

Even the solicitors are hard at it. They seize every opportunity to squeeze that little bit more  from the buyer / seller.(eg my last purchase of a house we negotiated a further 5k off , solicitor upped fees by 500 pound)