Seller is trying to make us pay for damages before exchange

seanmphwy93

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

DullGreyGuy

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

Normally you would have just bidded on the property based on its current condition therefore being slightly lower than what you would have paid had the window not been broken. 

You stand nowhere, until the contracts have been exchanged nothing is binding on anyone and either party can walk away for whatever reason. Comes down to how much you want the house and if you would walk away from the purchase just for a damaged window. Likewise if you are too much of a pain to deal with they may decide they'd be better off finding another buyer. 

housebuyer143

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

You either refuse to exchange until he's fixed it or ask that a sum is provided at completion to enable you to fix it. Do not adjust the sale price. It's very common for things like this so the solicitors should be used to it, but ask yours how it could work. 

If you don't want to pay half, don't. Are you willing to lose the sale over what might be a few hundred pounds? I would push back at it but ultimetly if he won't do it then you need to think about how much this means to you.
You have no legal leg to stand on as nothing has been signed or agreed as anything before exchange isn't binding. 

teaselMay

How much is the window going to cost to fix? I'd not risk losing the house, and everything you've spent so far on securing it, over a window.

MattMattMattUK

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

Nowhere, it appears that your option is to accept it, or walk away, you have no legal rights at this stage. 

RHemmings

DullGreyGuy said:

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

Normally you would have just bidded on the property based on its current condition therefore being slightly lower than what you would have paid had the window not been broken. 

You stand nowhere, until the contracts have been exchanged nothing is binding on anyone and either party can walk away for whatever reason. Comes down to how much you want the house and if you would walk away from the purchase just for a damaged window. Likewise if you are too much of a pain to deal with they may decide they'd be better off finding another buyer. 

Surely the buyer would lose more through the sale falling through than the price of fixing the window. 

anselld

Are we talking a pair of double glazing hinges, £10 from Screwfix / Toolstation or something more complex?

DullGreyGuy

RHemmings said:

DullGreyGuy said:

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

Normally you would have just bidded on the property based on its current condition therefore being slightly lower than what you would have paid had the window not been broken. 

You stand nowhere, until the contracts have been exchanged nothing is binding on anyone and either party can walk away for whatever reason. Comes down to how much you want the house and if you would walk away from the purchase just for a damaged window. Likewise if you are too much of a pain to deal with they may decide they'd be better off finding another buyer. 

Surely the buyer would lose more through the sale falling through than the price of fixing the window. 

Depends on the details but certainly they could do but some people put principles above money etc

RHemmings

DullGreyGuy said:

RHemmings said:

DullGreyGuy said:

seanmphwy93 said:

So me and my partner are FTB-s and are very nearly ready for exchange. When we went to view the property before we put an offer in we noticed that a windo in the main bedroom on the first floor has broken hinges so is unuseable and we queried this with the seller who advised he would have this fixed for us. We then went to view the property again after a couple of months into the sale and noticed it hasn't been fixed.

We still haven't been given an exchange date and have asked for the window to be fixed or replaced before we do however, the seller is reluctant to do so as he doesn't want to be at a financial defecit if the sale was to fall through. We had queried whether he would be happy to provide us a monetary sum to get it fixed ourselves so we can make an agreement outside of the sale so no delays are manifested. The seller is now advising he wants to lower the sale amount however this will just cause delays by having to do the paperwork again and he has also asked us to pay half of the cost when we aren't at liability.

I strongly feel like he is trying to apply pressure on us so he doesn't have to pay, what do we do in this situation where do we legal stand? 

Thank you in advance

Normally you would have just bidded on the property based on its current condition therefore being slightly lower than what you would have paid had the window not been broken. 

You stand nowhere, until the contracts have been exchanged nothing is binding on anyone and either party can walk away for whatever reason. Comes down to how much you want the house and if you would walk away from the purchase just for a damaged window. Likewise if you are too much of a pain to deal with they may decide they'd be better off finding another buyer. 

Surely the buyer would lose more through the sale falling through than the price of fixing the window. 

Depends on the details but certainly they could do but some people put principles above money etc

Given that the sellers offered to fix the window before OP's offer, the seller's position doesn't look very principled to me. I'm not saying that they wouldn't do it, but it doesn't seem to be a good way of doing business. Either the seller or the buyer (or both) could let the sale fall through because of the broken window, but it could be the seller who backs down. And in the described situation, I think that OP is in the right. Being in the right doesn't mean that bad and frustrating things won't happen. 

sheramber

Your solicitor can retain an amount for the repair from the money  fir the purchase.

I have been in that situation twice. My solicitor retained an amount to cover the work neededz

once the seller had the work done  and paid for , the retained amount was forwarded to him.