Questions from buyer

comeandgo

I think your solicitor would be rather angry that you were answering questions that they had no knowledge of.  You could be inadvertently landing yourself in the soup if your answers are ever used to say disagree with something your solicitor had written.  

AskAsk

saajan_12 said:

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. 

when they ask questions directly to my solicitor, they bat it back with look for yourself, or do your own research, where the responsibility lies with the buyer to check things out and not rely on the seller disclosure.

so i don't want to answer questions that should have been answered by his survey or where my solicitor can answer themselves in a better way than i can.  i also don't want to encourage him to ask too many questions as he will need to pay his solicitors to ask questions and this may deter him from asking stupid questions, whereas it is free to ask me directly via the EA.

i find people tend to ask a few questions, then they continue to ask some more and the whole thing can get very delayed so i would prefer to make it harder for him to ask stupid questions.

AskAsk

comeandgo said:

I think your solicitor would be rather angry that you were answering questions that they had no knowledge of.  You could be inadvertently landing yourself in the soup if your answers are ever used to say disagree with something your solicitor had written.  

exactly.  this is the whole point of the solicitor.  if we go willy nilly discussing things directly between us, it will get very confusing.  as i have said earlier, i have sold and bought a few properties in my time, and this is very unusual to get so many questions like this through the EA, especially at this late stage as it is nearly 3 months since the offer was made and accepted.

eddddy

comeandgo said:

I think your solicitor would be rather angry that you were answering questions that they had no knowledge of.  You could be inadvertently landing yourself in the soup if your answers are ever used to say disagree with something your solicitor had written.  

Why would the solicitor be angry?

More likely they'd be pleased that they don't have to waste their time answering daft questions about fences, bins and gutters.

Can you think of any specific example of how you'd get into trouble in the way you describe?


(And if you say "the bins are kept by the garage", I very much doubt the solicitor would look back through the paperwork to see if something different was said before.)

Tiglet2

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?

This Register refers to a Contract dated 23rd August 1967 mentions that the owner  (i.e. myself) must allow access to XXXXX property should the neighbours require access in order to carry out repairs to their respective property whereby they shall make good any damage caused and cause as little disturbance as possible to the owner. Please confirm:

if that has happened in the past, and if so, for what reason;

Which part of the property are we required to give access to?

Drainage: The basis of the current charges is on non-metered basis. How is the current owner charged for water consumption? Has the owner experienced any issues in relation to water and drainage?

Boiler:

How old is the boiler?

Can the seller provide service history for the boiler?

Will a Gas Safe or OFTEC registered engineer leave appropriate documentation covering heating systems, water, appliances for example, boilers, individual room heaters, all open fires, etc. by the Gas Safety Installation and Use Act 1994 behind for inspection?

Fence

Which fence is the owner responsible for?  Please refer to No. 1 of the PIF

Have there been any issues related to fence maintenance?  Non-legal question - can answer "not as far as I am aware"

When did the owner last replace the fence? Non-legal question - can answer "not during our period of ownership" or 

Is there any damage to any of the fences surrounding the property? The buyer should rely on their own inspections and surveys

General: has the owner experience any issues re the below – if yes, provide details

Roof

Damp

Asbestos

Gutters and/or downpipes

Bins and refuse: where are the bins and where are they stored. They weren’t visible during the viewing

Windows: is there a reason why some windows are opaque? Are there restrictions that would prohibit replacement of those windows for clear window?

Doors: please confirm if internal glazed door is fitted with safety glass?

Water: please provide location of the water stopcock

 

 @AskAsk Solicitors tend to keep their enquiries strictly on legal aspects.  They would advise buyers to go through the estate agents when asking non-legal questions, such as where are the bins located or if there are issues with fence maintenance.  The solicitor will not know and doesn't need to know.  They will forward these on to you.  You can be vague with your replies "buyers should rely on their own survey and inspections", or "not as far as I am aware".

OP, you filled in the PIF and F&C, so if you refer the buyers to these forms (but bear in mind the buyers may not receive the forms until the solicitor 'reports' to them, if they haven't already done so).

NameUnavailable

General: has the owner experience any issues re the below – if yes, provide details

Roof - YES, I have found that it keeps the rain out but also means it's very dark in the attic.

Damp - YES, if I have a bath or shower the towel is damp after I have dried myself with it.

Asbestos - not sure, where is it?

Gutters and/or downpipes - YES, I notice them when I look at the property from the outside. Not sure what they are for, do you know?

AskAsk

Tiglet2 said:

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?

This Register refers to a Contract dated 23rd August 1967 mentions that the owner  (i.e. myself) must allow access to XXXXX property should the neighbours require access in order to carry out repairs to their respective property whereby they shall make good any damage caused and cause as little disturbance as possible to the owner. Please confirm:

if that has happened in the past, and if so, for what reason;

Which part of the property are we required to give access to?

Drainage: The basis of the current charges is on non-metered basis. How is the current owner charged for water consumption? Has the owner experienced any issues in relation to water and drainage?

Boiler:

How old is the boiler?

Can the seller provide service history for the boiler?

Will a Gas Safe or OFTEC registered engineer leave appropriate documentation covering heating systems, water, appliances for example, boilers, individual room heaters, all open fires, etc. by the Gas Safety Installation and Use Act 1994 behind for inspection?

Fence

Which fence is the owner responsible for?  Please refer to No. 1 of the PIF

Have there been any issues related to fence maintenance?  Non-legal question - can answer "not as far as I am aware"

When did the owner last replace the fence? Non-legal question - can answer "not during our period of ownership" or 

Is there any damage to any of the fences surrounding the property? The buyer should rely on their own inspections and surveys

General: has the owner experience any issues re the below – if yes, provide details

Roof

Damp

Asbestos

Gutters and/or downpipes

Bins and refuse: where are the bins and where are they stored. They weren’t visible during the viewing

Windows: is there a reason why some windows are opaque? Are there restrictions that would prohibit replacement of those windows for clear window?

Doors: please confirm if internal glazed door is fitted with safety glass?

Water: please provide location of the water stopcock

 

 @AskAsk Solicitors tend to keep their enquiries strictly on legal aspects.  They would advise buyers to go through the estate agents when asking non-legal questions, such as where are the bins located or if there are issues with fence maintenance.  The solicitor will not know and doesn't need to know.  They will forward these on to you.  You can be vague with your replies "buyers should rely on their own survey and inspections", or "not as far as I am aware".

OP, you filled in the PIF and F&C, so if you refer the buyers to these forms (but bear in mind the buyers may not receive the forms until the solicitor 'reports' to them, if they haven't already done so).

cheers mate!  i will wait to see what happens as i have told the EA to tell him to refer the enquiries to his solicitor.  if he comes back and say that his solicitor told him to ask me direct, then I will answer those questions.

what about disclosure about any issues with roof, damp and asbestos, gutters and downpipes?

stopcock location is alredy on the PIF so it may be that he hasn't got the PIF yet.

not sure why he is asking about the safety glass in internal doors.  not something you would be asking in a sale.  and the opague windows, that is something he needs to find out himself.

AskAsk

NameUnavailable said:

General: has the owner experience any issues re the below – if yes, provide details

Roof - YES, I have found that it keeps the rain out but also means it's very dark in the attic.

Damp - YES, if I have a bath or shower the towel is damp after I have dried myself with it.

Asbestos - not sure, where is it?

Gutters and/or downpipes - YES, I notice them when I look at the property from the outside. Not sure what they are for, do you know?

ha ha, that is hilarious.  i guess i could answer in this format via the EA as it is more slapdash.

youth_leader

One question missing, is the loft boarded?  I fell about laughing when my EA asked that, 174 year old property and our poor single bat had only just died. 

AskAsk

youth_leader said:

One question missing, is the loft boarded?  I fell about laughing when my EA asked that, 174 year old property and our poor single bat had only just died. 

lol.  don't tell me about stupid questions from buyers.  i had one where he asked through his solicitor why I had chosen a solicitor that was not located in london, where the house for sale was located, but that I had chosen a solicitor in my home town instead!

i replied it was nearer for me to walk down to their office from my house