Leak shortly after completion. Help!

TheJP

Sunsaru said:

Bonzo99 said:

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.

So they were made aware that the roof 'may' have issues, never followed it up and still completed? They failed to do thier due dilligence I'm afraid.

Legally its no longer your problem.

This. They are basing the claim that the fault was already there by way of what the surveyor said, they had an opportunity to negotiate or pull out. They didn't.

Nothing to worry about here. Just follow what your solicitor has said.

MEM62

Bonzo99 said:

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

So what?  Even if that were the case it places no liability or obligation on you.