Exchanged contracts - and the ceiling has fallen down!

Old_House

We have exchanged contracts and will be completing next month. The house we are selling has had a leak from an upstairs pipe, and the accumulated water has made the ceiling in the room below come crashing down today! :eek:

The question is: who is responsible for fixing this? Is it our buyers or us? Can we just leave it and the buyers get a nasty surprise when they move in? Or are we legally obliged to fix it (We're still wrestling with the moral/ethical side of leaving it!)

If we have to fix it, does it have to be replaced to the same standard as it was when the buyers saw it when making their offer - i.e. done professionally? What about the damge to the wallpaper and coving?

I know we could probably claim on our insurance (can we if we have exchanged to sell?) but I would really rather avoid all the hassle.

Any points of view welcome.

kazwookie

I'd claim on the insurance.

Leave it and I would imagine the buyers will have some thing to say that won't be too friendly!!

barnaby-bear

Old_House wrote: »

We have exchanged contracts and will be completing next month. The house we are selling has had a leak from an upstairs pipe, and the accumulated water has made the ceiling in the room below come crashing down today! :eek:

The question is: who is responsible for fixing this? Is it our buyers or us? Can we just leave it and the buyers get a nasty surprise when they move in? Or are we legally obliged to fix it (We're still wrestling with the moral/ethical side of leaving it!)

If we have to fix it, does it have to be replaced to the same standard as it was when the buyers saw it when making their offer - i.e. done professionally? What about the damge to the wallpaper and coving?

I know we could probably claim on our insurance (can we if we have exchanged to sell?) but I would really rather avoid all the hassle.

Any points of view welcome.

You commited to completing on the house in its state at exchange.
Just sort it out or be prepared to be sued for repairs + costs + hotel bills while being repaired by some very hacked off people.... !!!!!! considering doing this to the nice people buying your house shows there are real low-lifes out there.... do they have kids? anywhere else to stay? do you care?

Jazzypap

How would you feel if this happened at the property you purchased & then you move in with the ceiling replacing the floor!!!

You're obviously the type of people who hit parked cars and just drive on without a thought.

As far as I know, the seller has to have insurance in place until completion, when the purchaser's building insurance takes over.

Catblue

I thought that the buyers had to have buildings insurance in place for the property from the date at which they exchanged contracts.

Would not the buyer's insurance be liable for this?

As a general point, this is one of the risks when there is a long time between exchange and completion.

cranezoe

I would be very P****d off with you if I was buying your house.

minimike2

At exchange of contracts you are advised to get your own insurance in place for a reason!

So I guess it just depends on what type of person you are.

helping_hubby

Old_House wrote: »

The question is: who is responsible for fixing this? Is it our buyers or us? Can we just leave it and the buyers get a nasty surprise when they move in? Or are we legally obliged to fix it (We're still wrestling with the moral/ethical side of leaving it!)

Can you not just phone your solicitor to find out who is responsible?

Jazzypap

As far as I'm aware and I stand to be corrected - solicitor will check that you have building insurance in place for your new property (mortgage lender reqirement?) but this will not become active until completion. The vendor, I think should retain their building insurance until completion occurs.

I really can't believe some people would do this type of thing...just get it fixed!!

Generali

AFAIK, the law is that you have to hand over the house in the same condition at completion that it was at when you exchanged contracts. If the ceiling came down before exchange (but after they viewed) then it's caveat emptor.

If it came down after exchange you need to put it right or face being held liable for damages.

Just leaving it is also a pretty sh1tty way to behave. When we moved house when I was a kid in the 1970s, the sellers had the gas and electricity disconnected from the house we moved into. I was 5 and my sister was 3 and it was the end of October (we had our parents with us of course!). They weren't compelled to leave the utilities on but it was a very poor way to behave.

Captain_Mainwaring_2

minimike2 wrote: »

At exchange of contracts you are advised to get your own insurance in place for a reason!

So I guess it just depends on what type of person you are.

Why? it isn't your house until you complete.

Still, let's not let fact get in the way of a good rant.