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Elinore
Posts: 259 Forumite
We completed at 12.00 - However the seller’s removals had not turned up so they were still camped out in the house.
As we are not moving in today this was not an issue at all. The agent was aware we were not moving in but the sellers were flapping.
We then got a call from our solicitors that the seller’s removals had dropped a sofa from the top floor down three floors (it’s a town house with a large garden/ balcony on the roof)
Apparently it’s damaged every wall in the stair well from the top floor to the ground and smashed a hole though the bottom plasterboard wall where it had gathered quite a bit of momentum.
The removals have supplied their insurer’s details but have advised we need to claim through ours and then theirs will reimburse.
We do have insurance on the new house but I am really reluctant to make a claim on a policy that’s less than a week old, has a £250 excess and will affect our claims history.
OH is legging it down there now to take photos and meet the removals men, get details, names, number and even vehicle registration just in case.
The sellers are saying its our house, so our problem.... that cant be the case? They damaged it so it must be down to them or their contractors to put it right?
As we are not moving in today this was not an issue at all. The agent was aware we were not moving in but the sellers were flapping.
We then got a call from our solicitors that the seller’s removals had dropped a sofa from the top floor down three floors (it’s a town house with a large garden/ balcony on the roof)
Apparently it’s damaged every wall in the stair well from the top floor to the ground and smashed a hole though the bottom plasterboard wall where it had gathered quite a bit of momentum.
The removals have supplied their insurer’s details but have advised we need to claim through ours and then theirs will reimburse.
We do have insurance on the new house but I am really reluctant to make a claim on a policy that’s less than a week old, has a £250 excess and will affect our claims history.
OH is legging it down there now to take photos and meet the removals men, get details, names, number and even vehicle registration just in case.
The sellers are saying its our house, so our problem.... that cant be the case? They damaged it so it must be down to them or their contractors to put it right?
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Comments
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What did your solicitor say?
Vendors need to complete with the property in the same condition as exchange.
Buyer is meant to insure from exchange but I think that's for cases like house burns down and it's not the vendor's fault. This seems like a clear case of the vendor causing the damage, so it's for the vendor to put right.0 -
Take it up with your solicitor - my non-legal opinion is that it's the seller's liability and they incur 100% of the cost.0
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At least you know that the removal company will cover the damage but I would also be reluctant. However, the property is legally yours and technically it occurred whilst you were owners.
Could you not pay for the damage to be rectified yourself and then get reimbursed from the removal company? (rather than going though insurance?)
This way, you have control over the repairs instead of waiting for the sellers to firstly admit liability and secondly, arrange for the repairs.0 -
Absolutely no need to claim on your own insurance.
you have their details, claim it.0 -
I wouldn't be getting my insurance involved yet (well, maybe legal advice if you've taken that option). It may be your house, BUT a company representing the vendor has caused the damage and admitted as such. I would be telling the vendor I expect them to pay for the damage (or claim it off their insurance, as I imagine they should still have cover on the place on moving day) and chase up the removal company's insurance.
If they are unwilling, I'd be seeking legal advice on filing a legal claim against them.
Would it also be an argument, that as keys had not yet been handed over to you at the moment the damage occurred, the sale had in essence not yet completed?0 -
What horrid luck. I'm sure there are ways you can avoid having to take the pain of this. My brother's brother-in-law bought a place where the pipes burst between exchange and completion, rendering the whole place uninhabitable, but I'm pretty sure they didn't have to deal with all the costs resulting from that.0
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Does the vendor have insurance to cover the house after completion of the sale? If they don't, it might not be as simple as telling them to claim on their own insurance. I think you need to talk to your solicitor to find out exactly where you stand.0
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I'd say a great deal hinges on whether the transaction is deemed completed as the vendors hadn't given you access to the keys yet. In any case, they can't and shouldn't just shrug it off as being your problem now, the movers were working on their behalf and if I did damage to somebody's property, I would expect to pay for it...0
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I don't think you had completed because you were probably buying the house with vacant possession and if the buyers were still camping out in it you didn't get vacant possession. Or if you had completed then there was a breach of contract because the property should have been vacated at 12.00 the fact that is wasn't isn't your fault. Either way the responsibility for paying for repairs are down to the sellers insurance or otherwise and then they claim off the removal men. You can't because you don't have a contract with the seller's removal company.0
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I'd check with a solicitor whether money transferred but no keys / vacant possession means you had indeed completed at the time of the damage. Either way you're not liable, but it will dictate HOW you sue.
1) If you had completed, sellers (or their agents, the removals men) damaged YOUR property, so SELLERS are liable.
2) If you had completed, the removals men were humans in your house who damaged YOUR property, so REMOVALS MEN are liable. You don't need a contract with them for this.
3) If you hadn't completed when the damage occurred, it doesn't matter to you who did it. The sellers are responsible for providing vacant possession in the same condition as when you exchanged, so you sue the SELLERS for breach of contract.
If you had completed, I think you can choose No 1 or 2 (not both) as both are valid arguments.
Whoever is liable, you can choose to sue them or make a claim against their insurance - the latter may be easier and you might not be awarded court costs if you are offered but decline the insurance way, choosing to go to court instead. However I don't think either party can demand you go through your insurance first.0
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