Questions from buyer

eddddy

I would absolutely definitely reply via the estate agent, for 2 reasons:

• The replies won't form part of the contract. So there's practically no scope for the buyer to sue me, if they think my answers are wrong or misleading.

• If will be much quicker. The EA will probably forward my email within a few minutes.

You say that contracts have been signed, and you're almost ready to go (exchange). If this goes via solicitors...

• The buyer will send the questions to their solicitor - they'll probably sit in an in-tray for a few days
• The buyer's solicitor will send the questions to my solicitor - they'll probably sit in an in-tray for a few days
• My solicitor will send the questions to me
• I will send my answers back to my solicitor - they'll probably sit in an in-tray for a few days
• My solicitor will send the answers back to the buyer's solicitor - they'll probably sit in an in-tray for a few days
• The buyer's solicitor will send the answers back to the buyer

But I would still be cautious with my wording - using phrases like "I believe that" or "My recollection is that" and "I haven't had any issues that I would describe as major, just what I would call routine maintenance".

AskAsk

canaldumidi said:

as above.

And when you eventually receive the Qs via your solicior, don't be reluctant to reply "Not known" to anything you are not sure about (eg perhap who owns what fence). Better than guessing!

the answer to the fence is already answered as the normal question on the PIF, so this is what puzzles me as to why he is asking again now!  he already has the PIF ages ago.

AskAsk

eddddy said:

I would absolutely definitely reply via the estate agent, for 2 reasons:

• The replies won't form part of the contract. So there's practically no scope for the buyer to sue me, if they think my answers are wrong or misleading.

• If will be much quicker. The EA will probably forward my email within a few minutes.

You say that contracts have been signed, and your almost ready to go (exchange). If this goes via solicitors...

• The buyer will send the questions to their solicitor - they'll probably sit in an in-tray for a few days
• The buyer's solicitor will send the questions to my solicitor - they'll probably sit in an in-tray for a few days
• My solicitor will send the questions to me
• I will send my answers back to my solicitor - they'll probably sit in an in-tray for a few days
• My solicitor will send the answers back to the buyer's solicitor - they'll probably sit in an in-tray for a few days
• The buyer's solicitor will send the answers back to the buyer

But I would still be cautious with my wording - using phrases like "I believe that" or "My recollection is that" and "I haven't had any issues that I would describe as major, just what I would call routine maintenance".

yes, the whole idea of questions going via the solicitor is that it holds more credit than direct discussions.  however, answering questions outside of the legal process may end up getting out of control as the buyer could continue to ask silly questions that are not normally required in a sale, and to which his solicitor would tell him that it can't be asked or my solicitor would say, refer to your own searches, survey etc

i have now replied to the EA to tell the buyer that he needs to address the questions to his solicitor.  Some of those his solicitor will tell him to look in the PIF, where the answer is already there.

DE_612183

when i sold a property a few years back I was asked a question via the agent about access via a lane - i replied that I'd used the lane for x years but had no formal authorisation to do so and the previous owner had advised what I am advising you.

canaldumidi

AskAsk said:

canaldumidi said:

as above.

And when you eventually receive the Qs via your solicior, don't be reluctant to reply "Not known" to anything you are not sure about (eg perhap who owns what fence). Better than guessing!

the answer to the fence is already answered as the normal question on the PIF, so this is what puzzles me as to why he is asking again now!  he already has the PIF ages ago.

Then your answer is: "Please refer to the PIF."

eddddy

AskAsk said:

yes, the whole idea of questions going via the solicitor is that it holds more credit than direct discussions.  however, answering questions outside of the legal process may end up getting out of control as the buyer could continue to ask silly questions that are not normally required in a sale, and to which his solicitor would tell him that it can't be asked or my solicitor would say, refer to your own searches, survey etc

i have now replied to the EA to tell the buyer that he needs to address the questions to his solicitor.  Some of those his solicitor will tell him to look in the PIF, where the answer is already there.

But again I would ask the EA to deal with that. Phoning jumpy, scared buyers and gently telling them they're being "silly billies" is part of their job.

And for example, an EA will gently explain things like 'cleaning leaves out of a gutter' once a year is a routine job, not an indication of a problem, and "I know a bloke who will do it once a year for £80, if you need it".

And perhaps the EA will say things like "the fence is in pretty good condition anyway, so it'll probably last another 10 years. So you don't need to worry too much about maintenance costs at this stage. Maybe just put a coat of wood preserver on your side every few years." Which is probably more reassuring than what a solicitor would say.

TripleH

When I sold my first flat I was asked 3 times about the sink fund setup for maintenance of the property.

Each time I responded with 'there wasn't one'.

Think twice via solicitor and once via estate agent. If you respond as per @edddy then I'd use the same wording you've used before and never answer in definitives.

alelly

I wouldn’t answer any queries like this directly, they should be redirected to solicitor. You could be opening yourself up to liability by engaging in separate discussions. 

All questions via the solicitor unless it’s like “what day are the bins collected” 

saajan_12

AskAsk said:

I am at the final stage of the sale of my house.  The buyer has returned the signed contract to his solicitor.  He has asked the following questions, directly to me, via the estate agent.  Should I answer them or should I pass this on to my solicitor so it goes through the legal process?

 

What's your objection to answering directly?
The solicitor won't know the answers to those so will come to you anyway, just slower.

Besides, answers via the solicitors will only carry more if not the same weight legally if the answers turn out to be incorrect, so you're safer / less committed to the reliability if you answer directly. The importance of going via the 'legal process' is a concern for the buyer, not you in this regard. 

Do make sure you only answer what you know, and say 'unknown' to the others. Note they may press for an answer, at which point you can decide whether its worth risking them walking away if its important enough. 

TBG01

diystarter7 said:

no ifs, no buts, 100% via the money-grabing solictors.

The money grabbing solicitors that earn less than the estate agent?