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Breach of contract

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Comments

  • Your buyers have obviously got too much time on their hands, and seemingly subscribe to the belief that all of life's inconveniences are personal slights that must be fully compensated for by somebody else!

    Idiots!
  • theartfullodger
    theartfullodger Posts: 15,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 March 2022 at 12:27PM
    Is this Scotland where IIRC there is a formal process for defects claimed by purchasers, please??  When I sold a house a couple of years ago, buyers raised 3 issues: My solicitor advised me if the total costs was over £450(?) I might have to pay.  

    One was RTFM issue (Read the ****ing manual..), the other two somewhat valid:  Wanting , as always, to do the right thing I paid.  But see from Scottish CAB 

    https://www.citizensadvice.org.uk/scotland/housing/buying-and-selling-s/problems-with-buying-and-selling-a-home-s/


    #### Problems with the property

    The buyer is dissatisfied with the state the property was left in

    As the buyer you may be dissatisfied with the state of the property when you move in, for example, it is dirty. There is nothing you can do about this because the seller is under no legal obligation to leave the house in a clean state.

    ######

    Suggest you discuss with your solicitor.  See 


    https://www.macnabs-law.co.uk/blog/litigation/missive-claims-is-everything-in-working-order.html

    ####  Part of the missives of a sale mean the seller has to disclose any faults in the property, which you in turn (as buyer) have to agree to. If, on moving in day, you notice something they have not disclosed, you can report it and raise what is known as a ‘missives claim’. Under Standard Clauses, the buyer has five days to report it to the seller and they are responsible to fix it (as long as it is over £400) so that it is in working order.   ######

    NB People's view of "clean" differs:  My darling wife often informs me something I thought was clean 'n tidy isn't... 


  • aoleks
    aoleks Posts: 720 Forumite
    500 Posts First Anniversary Name Dropper
    just ignore... bunch of losers who don't really understand how life works.
  • theartfullodger
    theartfullodger Posts: 15,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 March 2022 at 12:28PM
    aoleks said:
    just ignore... bunch of losers who don't really understand how life works.
    Disagree:  

    https://www.macnabs-law.co.uk/blog/litigation/missive-claims-is-everything-in-working-order.html

    ####  Part of the missives of a sale mean the seller has to disclose any faults in the property, which you in turn (as buyer) have to agree to. If, on moving in day, you notice something they have not disclosed, you can report it and raise what is known as a ‘missives claim’. Under Standard Clauses, the buyer has five days to report it to the seller and they are responsible to fix it (as long as it is over £400) so that it is in working order.   ######

  • TheJP
    TheJP Posts: 1,951 Forumite
    1,000 Posts Third Anniversary Name Dropper
    aoleks said:
    just ignore... bunch of losers who don't really understand how life works.
    Disagree:  

    https://www.macnabs-law.co.uk/blog/litigation/missive-claims-is-everything-in-working-order.html

    ####  Part of the missives of a sale mean the seller has to disclose any faults in the property, which you in turn (as buyer) have to agree to. If, on moving in day, you notice something they have not disclosed, you can report it and raise what is known as a ‘missives claim’. Under Standard Clauses, the buyer has five days to report it to the seller and they are responsible to fix it (as long as it is over £400) so that it is in working order.   ######

    You're assuming the OP is in Scotland. It doesn't sound like they are. 
  • theartfullodger
    theartfullodger Posts: 15,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Makes a change from so many assuming everything is English....
  • TheJP
    TheJP Posts: 1,951 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Makes a change from so many assuming everything is English....
    I guess the devils in the detail. If it was Scotland wouldn't they have referenced missives? Perhaps all forum members need to be denoted by a flag within their profile when they post.
  • user1977
    user1977 Posts: 17,801 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    aoleks said:
    just ignore... bunch of losers who don't really understand how life works.
    Disagree:  

    https://www.macnabs-law.co.uk/blog/litigation/missive-claims-is-everything-in-working-order.html

    ####  Part of the missives of a sale mean the seller has to disclose any faults in the property, which you in turn (as buyer) have to agree to. If, on moving in day, you notice something they have not disclosed, you can report it and raise what is known as a ‘missives claim’. Under Standard Clauses, the buyer has five days to report it to the seller and they are responsible to fix it (as long as it is over £400) so that it is in working order.   ######

    Terribly misleading advice about what the standard clauses actually say (it's restricted to the services and appliances not working, not "any faults in the property") - so in the OP's case, only the tap might arguably be a valid claim.
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