Leak shortly after completion. Help!

Bonzo99

Hi all I am new to posting hope you can help.

We recently completed on our property sale in England. Unfortunately, shortly after completion the buyer has emailed to say the roof is leaking and they expect the cost to fix it will be several thousand pounds. They are claiming we are contractually obligated to cover the costs as they see it as having been a pre-existing issue. 

We have checked through our disclosure we made no claims about the roof, in fact their surveyor pointed out the flat roof might have issues which they passed on to us. However, we asked what their exact questions were and got no response. We also did not say a warranty for the roof was available. We did not make any representations regarding the roof. They did not ask any questions at all throughout about any work we have done to the roof. On the TA6 form we weren't asked about leaks and answered it truthfully and they never asked us any questions either.

I am sympathetic to the buyers but for a fairly minor leak caused by recent inclement weather they are seeking to claim a cost almost equivalent to replacing a roof. A point to note on the roof, it is flat and we suspect the leak may have happened shortly on or after completion as a lot of snow was melting on the day of completion and the gutters had been blocked with leaves during the heavy winds. The buyers are claiming it happened on the day of completion or prior to. However, their email was only dated 3 days later. 

Our solicitor has advised us to ignore them and if they contact them through their solicitor we will respond that we are not liable.

My worry is the seller says the leak appeared pre completion so it is our fault. We think it must have been the day of completion if not the day after. 

We were considering a goodwill gesture but don't want to open ourselves to ongoing issues, something like covering the excess on their insurance. They are being rather unreasonable and threatening legal action. Grateful for any thoughts.

DairyQueen

Take your solicitor's advice. If you were liable s/he would know. Sounds like you are off the hook. 

DullGreyGuy

Take the advice of your solicitor, that's why you paid them!

Pre-completion is irrelevant... what matters is your answers to any questions and if they can prove they were false.

user1977

Bonzo99 said:

They are claiming we are contractually obligated to cover the costs as they see it as having been a pre-existing issue. 

Which clause in the contract do they think creates this obligation?

JReacher1

Just ignore them. Not your issue at all

Bonzo99

Thanks all. It is not clear to me what clause in the contract they are referring to, as I am sure the Standard Conditions of Sale do not allow the buyer a claim.

NameUnavailable

Stuff fails. One day it's fine, then it's not. At what point would you stop becoming liable? So it started leaking on the day of completion but after you had left (assuming you hadn't noticed the leak beforehand).

What if it was a day later, a week, a month or even a year.....

It's unfortunate for the buyer but not your problem.

Martico

Unfortunate for the buyer for sure, but it's their place now. In case they're liable to be spiteful, double check that you have redirects for post properly set up

Bonzo99

Thanks very much! The post is a top tip. 

My only concern is that they are claiming the leak stated pre completion. Don't believe it to be the case, but even if they could prove it I believe the property is theirs to insurance from exchange onwards. Just wondering if anyone has any thoughts on this specifically.

user1977

Bonzo99 said:

My only concern is that they are claiming the leak stated pre completion.

Why would that make a difference?

Martico

Your solicitor knows best, trust them would be the only advice I can give. 
As an aside (and I say this without legal knowledge) I was instructed to get insurance in place by the time I exchanged on my purchase, so I suspect you're right.