Paying for improvement works after selling?

Eilidh1970

I recently sold my old flat, with the sale expected to complete in the next couple of weeks. 

The block of flats it is in has a factor (property manager) who oversees maintenance contracts for the building, proposed works etc. After I agreed the sale, one of the other owners in the block proposed some improvement works for the whole building. The next step will be that the factor obtains quotes for these works, before the proposal goes to a vote to see if all owners agree to the work being done. 

My buyer has asked if I will commit to paying for these works if they go ahead, and I've said no. I haven't been asked to vote on them, and the timescale for these things means my sale should have completed before it goes to a vote, meaning that I wouldn't be the owner at that time.

Does this seem reasonable? Just having a slight wobble now in case it causes difficulties. I don't see how I can be responsible for works that the buyer will ultimately be asked to vote on, and that would take place months after the place is no longer mine. 

user1977

In theory it could be done with a retention, but it gets messy to have a liability for works which have an unknown cost and might never even happen.

Your buyer may of course want to adjust the price to reflect the fact they're going to have a bill shortly after moving in, but I would say it's better to have a clean break than to formally say it's your liability.

canaldumidi

As user1977 says, very messy to ave any ongoing liability.

If your buyer says: " In that case I'm reducing my offer to reflect the uncertain cost I'm likely to face after buying", you'll have to decide if that new offer is acceptable to you. But at least you'll know exactly what the financial implications to you are and you can make a decision. The sale (asuming it still goes ahead) then provides you a clean break.

TripleH

We had something similar (balcony railings) when we sold our flat. We offered £400 to the cost on the grounds that we would get no benefit from them (bill was about £2,000 I think) but that we were reasonable. We even voted for their preferred option (flats would be uniform in the block, so the preference we expressed might not be the one chosen).

The buyer accepted our proposal, but here we'd been served notice and consulted on options during the sale.

martindow

The OP mentions a factor which suggests that this could be in Scotland.   I don't know how much of a difference that would make, but most posters here are more familiar with English property law.

user1977

martindow said:

The OP mentions a factor which suggests that this could be in Scotland.   I don't know how much of a difference that would make, but most posters here are more familiar with English property law.

It is in Scotland, and I'm answering from a Scottish perspective, though I don't think it makes a great deal of difference to the principle.