House sale but now threatened with legal action.

EssexHebridean

Section62 said:

TheJP said:

Section62 said:

If they were going to do something then IMO they would have especially if they have paid to retain a solicitor, this looks like a pressure tactic in the hope that the MIL will fork out for repair to the garden or compensation of some kind.

I agree with the point about clarification on the TA6 form, my point is about at least stopping the harassment as i don't feel the new owner is serious with their threat of legal action.

I agree about stopping the harassment, but don't think talking about solicitors is a good way of doing it.  If the buyer really doesn't have a solicitor lined up already then it probably isn't the wisest move to put the idea in their head.

It may be better to write a letter asking the buyer not to come to the MIL's home again, and that any further correspondence regarding the property should be in writing and sent in the post.  Noting that these visits have been distressing and unproductive and that any continuation will result in the MIL contacting the Police for advice.  The letter can be handed to the buyer (if they come round again) with the MIL simply saying her response is in the envelope and she doesn't wish to discuss in further on her doorstep. Then close the door (not too firmly).

By giving the buyer the option to write to her the MIL will avoid the need to involve a solicitor, and any letters sent can be kept and used in case this becomes more 'legal'.  If the letters are harassing in nature (e.g. content/frequency) then the MIL will have evidence of this.

I agree with user1977's post some way back - getting solicitors involved probably isn't worth it unless there is a real prospect of a court claim.  Inviting the buyer to get her solicitor to write to the MIL's solicitor takes the situation down a path it doesn't need to go in.

For peace of mind clarify what was said on the TA6.  Deal with the harassment.  Wait and see what the buyer's next move is (if any).

BIB - this, but with one small alteration -

The letter can be handed to the buyer (if they come round again) with the MIL simply saying her response is in the envelope and she is not prepared to discuss in further on her doorstep. Then close the door (not too firmly). The problem with making things a [preference is that the neighbour will also have preferences. Make the refusal to discuss in person absolutely black and white. 

MiL should also document any further encounters - the ring doorbell idea is good, but back up with a note in writing also. 

The_Original_Red1

eddddy said:

FWIW, I guess it may the answer to this question on the TA6 that the new owner feels aggrieved about:





Did your MiL tick "No" or write "Don't Know" or leave it blank?

But the TA6 also says:




And it sounds like your MiL might have only briefly owned the house, and no flooding occurred during her ownership period...

The_Original_Red1 said:

So basically my mother in law inherited a house in a will...

But you also say your MiL only lives five houses away, so might have known about previous flooding anyway...

The_Original_Red1 said:

...the property she inherited is only five houses away from her own 

Plus there might be a bunch of other things said in answers to pre-contract enquiries, which might be relevant.

(TBH, I've never been involved in this type of litigation, so I've no idea what the outcome might be if it went to court.)

The MiL has lived there for over 20 years and know that there has never been any flooding in that time as the previous owner of that house was a really good friend of the MiL. And on the TA6 form she put No never been a flood to her knowledge 

MeteredOut

The_Original_Red1 said:

eddddy said:

FWIW, I guess it may the answer to this question on the TA6 that the new owner feels aggrieved about:





Did your MiL tick "No" or write "Don't Know" or leave it blank?

But the TA6 also says:




And it sounds like your MiL might have only briefly owned the house, and no flooding occurred during her ownership period...

The_Original_Red1 said:

So basically my mother in law inherited a house in a will...

But you also say your MiL only lives five houses away, so might have known about previous flooding anyway...

The_Original_Red1 said:

...the property she inherited is only five houses away from her own 

Plus there might be a bunch of other things said in answers to pre-contract enquiries, which might be relevant.

(TBH, I've never been involved in this type of litigation, so I've no idea what the outcome might be if it went to court.)

The MiL has lived there for over 20 years and know that there has never been any flooding in that time as the previous owner of that house was a really good friend of the MiL. And on the TA6 form she put No never been a flood to her knowledge 

She wrote that in the additional info box, or ticked the "No" box? Because they say different things.

user1977

So what evidence do the buyers have that there was previous flooding of which she ought to have known? 

The_Original_Red1

MeteredOut said:

The_Original_Red1 said:

eddddy said:

FWIW, I guess it may the answer to this question on the TA6 that the new owner feels aggrieved about:





Did your MiL tick "No" or write "Don't Know" or leave it blank?

But the TA6 also says:




And it sounds like your MiL might have only briefly owned the house, and no flooding occurred during her ownership period...

The_Original_Red1 said:

So basically my mother in law inherited a house in a will...

But you also say your MiL only lives five houses away, so might have known about previous flooding anyway...

The_Original_Red1 said:

...the property she inherited is only five houses away from her own 

Plus there might be a bunch of other things said in answers to pre-contract enquiries, which might be relevant.

(TBH, I've never been involved in this type of litigation, so I've no idea what the outcome might be if it went to court.)

The MiL has lived there for over 20 years and know that there has never been any flooding in that time as the previous owner of that house was a really good friend of the MiL. And on the TA6 form she put No never been a flood to her knowledge 

She wrote that in the additional info box, or ticked the "No" box? Because they say different things.

Ticked the No box only.