Breach of contract

adavidson1994

Hi, 

just after some advice please. 

Completed a house purchase and a few hours after completion we had a call from out solicitor saying the buyer had accused us of being in breach of contract. 

This is based on: 

the kitchen not being cleaned - it was throughly cleaned but from photos they’ve sent there was a couple of cupboards with some crumbs in which we had genuinely forgotten to clean. 

The bath mixer tap not working - it does work it is just a little loose on the taps. However is in the same condition as when the buyer viewed the property. 

An oven grill tray not being in the oven and the oven not been cleaned - the oven was cleaned thoroughly and I am almost 100% sure the grill tray was there. 

Obviously slightly worried at what will happen. Although I don’t feel like the buyer has a leg to stand on - their solicitors are sending strongly worded emails. 

I’m not sure what they wish to achieve. Their emails are simply stating things rather than cutting to the chase and telling us how they want to proceed. 

Any advice would be much appreciated. 

Thank you 

Martin_the_Unjust

Is your buyer a first time buyer?

Ignore them.

biscan25

adavidson1994 said:

Hi, 

just after some advice please. 

Completed a house purchase and a few hours after completion we had a call from out solicitor saying the buyer had accused us of being in breach of contract. 

This is based on: 

the kitchen not being cleaned - it was throughly cleaned but from photos they’ve sent there was a couple of cupboards with some crumbs in which we had genuinely forgotten to clean.  Did you promise a professional clean? If so, they are entitled to that finish, otherwise they can take a hike. 

The bath mixer tap not working - it does work it is just a little loose on the taps. However is in the same condition as when the buyer viewed the property. Unless specified in writing that is was in perfectly good condition, that don't have a leg to stand on. They could have tried it if they liked.

An oven grill tray not being in the oven and the oven not been cleaned - the oven was cleaned thoroughly and I am almost 100% sure the grill tray was there. It's very unlikely a grill tray would form a fixture. They can buy another.

Obviously slightly worried at what will happen. Although I don’t feel like the buyer has a leg to stand on - their solicitors are sending strongly worded emails. Nothing is likely to happen. They could take you to small claims but I doubt that is likely.

I’m not sure what they wish to achieve. Their emails are simply stating things rather than cutting to the chase and telling us how they want to proceed. 

Any advice would be much appreciated. 

Thank you 

I'd add that they should be very happy with that outcome, if they are the only complaints.

Our vendor left several binfuls of rubbish and loads of tools etc, and the place needed a very thorough clean. I didn't really expect anything else, and it wasn't too taxing to fix.

TBagpuss

Just say to your solicitor that the house and oven were cleaned and the taps were in the same condition as they were on exchange and were working when you let the house, and the grill was in the oven (although unless specially mentioned in the property information forms .I'm not 100% sure the grill pan would be classed as part of the oven and automatically included although that may depend on the design.

You solicitor may be willing to just respond once to say that - then moving forward ignore them.

I don't think that not cleaning (or cleaning to a different standard) is a breach of contract - if it is, every person I have bought from has been in breach !

GoogleMeNow

Don't worry about this.  The buyer is probably inexperienced if these are the only things wrong with the property.  If you want to reply (though you don't have to), just state that the property is not a new build and therefore they should not expect everything to be in brand new condition, particularly where there are time constraints on completion day.  Their inspections and survey should have highlighted a problem with the tap in any case. 

TheJP

Don't worry about that at all. Tell your solicitor that the house was clean when you left and the tap was in working order and the oven was cleaned and tray was there when you left. Then ignore any other communication. They are hoping you will roll over and give them some money.

TripleH

I wished our vendors hadn't bothered to clean when we bought.

They ruined a big section of the hall carpet when they cleaned it and this was a new build...

Slinky

I suspect the purchasers have previously rented property and are used to either moving into freshly cleaned property, or were given X days to report back 'defects' at the start of a rental tenancy to cover their backside when they move out.

State the facts, move on, they haven't got a leg to stand on. I believe things may be a bit different in Scotland, but even these seem such minor issues I doubt there would be any redress required.

london21

I will ignore. 

user1977

Why isn't your solicitor offering any advice?

Philomel

Your buyers are wild!! I moved from rental into my own place last year and clearly the vendors hadn't had time to hoover or anything but it did not cross my MIND to start making a fuss with lawyers. What in the world