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  • FIRST POST
    • Teddy1963
    • By Teddy1963 9th Mar 18, 7:33 PM
    • 4Posts
    • 1Thanks
    Teddy1963
    House sold and now issues from buyer
    • #1
    • 9th Mar 18, 7:33 PM
    House sold and now issues from buyer 9th Mar 18 at 7:33 PM
    Hi All

    New on here but in need of advice..

    We sold our property and moved into our new home approx 5 - 6 weeks ago.
    Our buyer before exchange of contracts insisted on 3 gas appliances being serviced. We politely declined and said we wouldn't be doing that. The estate agents let us know that the buyer was threatening to withdraw so we discussed and agreed to service the gas fire and the hob. We paid for these services and provided copies of certificates prior to exchange.
    We didn't have the boiler serviced as we paid 5k for a new hive and boiler 12 months ago. We were aware the warranty for the boiler would become invalid without the 12 month service but as we were moving house we weren't prepared to pay for something we would not benefit from.

    We completed fixtures/ fittings form.

    Then the surveyor report came in with an issue highlighted with the roof and our buyer followed that up with a request for 3.5k towards the costs of putting right the issue. We knew that the report made no sense - it was something to do with roof ventilation. .
    We paid for an independent surveyor to come in and he quashed the buyers survey saying that the ventilation ate difficult to see from the outside ground level whete the survey was taken ftom but all in place and satisfactory. No work required let alone a suggested bill of 3.5k to put right.

    4 days before exchange of contracts we received an email from estate agents with a list of outstanding queries sent by our buyer including service/ warranty for the boiler, alarm code and fobs and instructions for the slarm, colour and codes for paint, gloss , flooring etc.

    We didn't respond to the email.
    The reason being we had bent over backwards to do everything we could to make the process stress free and simple but we had had enough of our buyers demands and threats to withdraw from the sale..

    The day before exchange our estate agents called saying our buyer had now asked for curtains to be left, I flatly refused and stated I was prepared to lose the sale and our new home as this was the final straw and not a chance was I leaving downstairs curtains. I suggested our buyer could purchase them from me.

    Each week since completion the agents have called asking for paint colours and where the floor came from before then asking permission to give our adress and copies of correspondence to the buyer. We refused.
    Today a recorded letter arrived from the buyer adressed to 1 of us with the opening line of the letter being adressed to the sole owner of the previous property and if that was incorrect to provide him with paperwork to confirm that.
    The letter go's on to say that it is imperative the boiler service is provided as the property was purchased on the basis of a boiler with a valid warranty.also to provide codes, fobs and instruction for the house alarm. We do not possess these and never have had. The alarm didn't work when we bought the house 5 years ago so we've never had codes and fobs.
    I've rechecked the f/ f pack and it does show that we ticked the alarm fitted box as a yes but this is a genuine oversight. It's never been a working alarm.
    It then go's on to say the upstairs fire alarm was incomplete - it was as the top part had come adrift but was like that on valuation and on viewing.
    Bath/ sink plugs missing - no idea, can only assume accidentally packed but haven't come across them so genuinely no idea.
    Hallway and entrance hall paintwork badly damaged consistent with items being moved out, so bad he has had to have re-painted. We had the hall decorated 4 years ago and has not been redone or touched up since and it was badly scuffed but again was like that on valuation and on viewing.

    The buyer only viewed the property once, no second or additional viewings were requested.

    We really don't know what to do, he has asked for response within 7 days and has suggested he will be taking matters further.

    Can anyone offer advise?? Also how would he know who owned the property as in just the 1 of us and where we moved to?

    Any advise good or bad welcomed please...

    Thanks in advance..
Page 1
    • anselld
    • By anselld 9th Mar 18, 7:59 PM
    • 5,722 Posts
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    anselld
    • #2
    • 9th Mar 18, 7:59 PM
    • #2
    • 9th Mar 18, 7:59 PM
    File in the appropriate place (WPB).
    Tell your agent to stop responding.
    • davidmcn
    • By davidmcn 9th Mar 18, 8:04 PM
    • 7,670 Posts
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    davidmcn
    • #3
    • 9th Mar 18, 8:04 PM
    • #3
    • 9th Mar 18, 8:04 PM
    Refer them to Arkell v Pressdram.


    (seriously though, just ignore unless they take it further)
    • a_silver_lining
    • By a_silver_lining 9th Mar 18, 8:05 PM
    • 223 Posts
    • 668 Thanks
    a_silver_lining
    • #4
    • 9th Mar 18, 8:05 PM
    • #4
    • 9th Mar 18, 8:05 PM
    My gut feeling would be to not respond to the letter. Responding to it sounds like it would open up a number of additional letter from him. Alternatively, you could write "return to sender, 'your name' not know at this address".
    19/12/14: Spent 10 years of savings!!
    ..... to buy my first home.

    2018: 1200 savings --- Family Loan (3250 direct + 2000 saver) 5250/10K paid 52.5%
    #38 1% Challenge: 514.70/ 2018, now at 25%!
    • theinbetweener007
    • By theinbetweener007 9th Mar 18, 8:07 PM
    • 17 Posts
    • 16 Thanks
    theinbetweener007
    • #5
    • 9th Mar 18, 8:07 PM
    • #5
    • 9th Mar 18, 8:07 PM
    Tell the estate agent that if they dont cease the hassle then you will report them for breach of data protection.

    Ignore the buyer. Clearly an idiot.
    • Amanda_Cm
    • By Amanda_Cm 9th Mar 18, 8:12 PM
    • 166 Posts
    • 200 Thanks
    Amanda_Cm
    • #6
    • 9th Mar 18, 8:12 PM
    • #6
    • 9th Mar 18, 8:12 PM
    That's what I call a nightmare of a buyer!
    Return the letter.
    • scd3scd4
    • By scd3scd4 9th Mar 18, 8:21 PM
    • 832 Posts
    • 701 Thanks
    scd3scd4
    • #7
    • 9th Mar 18, 8:21 PM
    • #7
    • 9th Mar 18, 8:21 PM
    They sound like chancers to me.


    To be fair some of it you just say, sorry no idea can not remember about paint and wood..(like most people)......that's the end of it.


    The alarm, well you made a mistake and they have a point. This could be expensive. You will have to find a compromise. Repair old one or maybe pay towards and install a new one!


    If you promised to have the boiler serviced............then you should have. If there is not proof then that's that I would have thought. Again that probably can be done for 75-100 easily.


    Fire alarm was incomplete???..is this a smoke detector or fire alarm linked to the house alarm. I have similar with ADT?


    Bath plugs??...............here's 5-10 to shut them up.


    Hallway and entrance hall paintwork badly damaged................no that's how it was when you viewed it you reply. Or maybe offer to pay for the paint as a compromise. Of course if it goes to court, acting reasonably will go in your favour.
    • iammumtoone
    • By iammumtoone 9th Mar 18, 8:22 PM
    • 5,587 Posts
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    iammumtoone
    • #8
    • 9th Mar 18, 8:22 PM
    • #8
    • 9th Mar 18, 8:22 PM
    Whilst your buyer is clearly a PITA with the petty demands I do feel a bit for them.

    If you ticked the property had a fitted a alarm it is right for the buyer to assume it is working and to ask for the codes and fobs.

    If you stated the boiler was new with warranty then if I was your buyer I would be really peeved if you let that warranty become invalid.

    It seems that the buyer has made so much fuss about minor common things that the two that they may have a valid point on have got lost in their over fussiness, your deliberate stopping of the warranty on a boiler is not really on (unless of course you listed it didn't come with warranty - that would be different, apologies if you did, you haven't said as such).
    • shortcrust
    • By shortcrust 9th Mar 18, 8:23 PM
    • 1,906 Posts
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    shortcrust
    • #9
    • 9th Mar 18, 8:23 PM
    • #9
    • 9th Mar 18, 8:23 PM
    Sounds absolutely bonkers. Just ignore it. Engaging in any sort of dialogue is just offering encouragement.
    • iammumtoone
    • By iammumtoone 9th Mar 18, 8:28 PM
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    iammumtoone
    If you promised to have the boiler serviced............then you should have. If there is not proof then that's that I would have thought. Again that probably can be done for 75-100 easily.
    Originally posted by scd3scd4
    It is not a case of simply servicing the boiler that is something any new buyer should expect to take on, its the fact the boiler has missed a service meaning the warranty cover has now expired. If I was the buyer I must admit this would annoy me.
    • scd3scd4
    • By scd3scd4 9th Mar 18, 8:35 PM
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    scd3scd4
    It is not a case of simply servicing the boiler that is something any new buyer should expect to take on, its the fact the boiler has missed a service meaning the warranty cover has now expired. If I was the buyer I must admit this would annoy me.
    Originally posted by iammumtoone

    ohh ok


    Then they should contribute to a new warranty until the 3 or 5 years ends. I think that's a dirty thing to do if they promised to be honest!


    If there is nothing in writing, and they did not then I don't see how the other party can do much.
    Last edited by scd3scd4; 09-03-2018 at 8:39 PM.
    • Teddy1963
    • By Teddy1963 9th Mar 18, 8:38 PM
    • 4 Posts
    • 1 Thanks
    Teddy1963
    Thank you for responses..

    We made it clear via the agents at the point of valuation that the alarm did not work. It wasnt included on the house particulars and the ticking of the box was a genuine oversight. We also reiterated to the agents that the alarm did not work.

    The boiler we again made clear we wouldn't pay for a service on. I can see that the buyer would be peeved thinking he was having a warranty. I will have to check email correspondence to the estate agents for what we said.

    Everything else was sold exactly as see, walls, smoke alarm etc..

    Thank you for replies. .
    • Aced2016
    • By Aced2016 9th Mar 18, 8:44 PM
    • 240 Posts
    • 466 Thanks
    Aced2016
    Sounds like he/she need to get a life !

    I genuinely would have told them to ram their offer and stayed put. I would be more furious they had my address !!!

    The fact of the matter is the house is now theirs end of story, I would ignore these people and don't give it a second thought.
    • scd3scd4
    • By scd3scd4 9th Mar 18, 8:45 PM
    • 832 Posts
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    scd3scd4
    I suppose good advise is to email the agent to prevent him saying he does not remember and putting the responsibility with them.
    • scd3scd4
    • By scd3scd4 9th Mar 18, 8:49 PM
    • 832 Posts
    • 701 Thanks
    scd3scd4
    I don't agree with promising things and then not delivering.




    But the rest I would ignore. If the agent did not convey what you said, then the new owner has an issue with them. Not the seller.
    • Teddy1963
    • By Teddy1963 9th Mar 18, 8:51 PM
    • 4 Posts
    • 1 Thanks
    Teddy1963
    We were very close to taking the house off the market, the buyer was making the process very stressful and demanding. We had requests to tell our neighbours they couldn't park outside the house and things along those lines.
    I do see the point of view about the boiler and would feel peeved if roles reversed if I thought I was getting a warranty but would I send letters asking for compensation? No.
    I will check correspondence to see exactly what was said and agreed.
    • elsien
    • By elsien 9th Mar 18, 8:51 PM
    • 16,399 Posts
    • 41,445 Thanks
    elsien
    They sound like chancers to me.


    To be fair some of it you just say, sorry no idea can not remember about paint and wood..(like most people)......that's the end of it.


    The alarm, well you made a mistake and they have a point. This could be expensive. You will have to find a compromise. Repair old one or maybe pay towards and install a new one!


    If you promised to have the boiler serviced............then you should have. If there is not proof then that's that I would have thought. Again that probably can be done for 75-100 easily.


    Fire alarm was incomplete???..is this a smoke detector or fire alarm linked to the house alarm. I have similar with ADT?


    Bath plugs??...............here's 5-10 to shut them up.


    Hallway and entrance hall paintwork badly damaged................no that's how it was when you viewed it you reply. Or maybe offer to pay for the paint as a compromise. Of course if it goes to court, acting reasonably will go in your favour.
    Originally posted by scd3scd4
    Can't see why you'd call the buyers chancers then go on to suggest that OP makes a payment towards pretty much everything they're asking for.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Teddy1963
    • By Teddy1963 9th Mar 18, 8:54 PM
    • 4 Posts
    • 1 Thanks
    Teddy1963
    Any clue where he would have got our new address from, the letter adressed to me using full name including middle name and staying the property we sold was in sole name ownership and to provide paperwork if that wasn't the case?!?
    • davidmcn
    • By davidmcn 9th Mar 18, 8:55 PM
    • 7,670 Posts
    • 7,820 Thanks
    davidmcn
    We made it clear via the agents at the point of valuation that the alarm did not work. It wasnt included on the house particulars and the ticking of the box was a genuine oversight.
    Originally posted by Teddy1963
    But nothing technically wrong with ticking the box. It was included. There's no warranty that the items on the form are in working order.

    The boiler we again made clear we wouldn't pay for a service on. I can see that the buyer would be peeved thinking he was having a warranty. I will have to check email correspondence to the estate agents for what we said.
    But if you didn't make any promises as part of the contract then again I can't see that the buyers have a claim.

    you could write "return to sender, 'your name' not know at this address".
    Originally posted by a_silver_lining
    Return the letter.
    Originally posted by Amanda_Cm
    Not much point doing any of that after they've signed for it!
    • iammumtoone
    • By iammumtoone 9th Mar 18, 8:56 PM
    • 5,587 Posts
    • 11,376 Thanks
    iammumtoone
    Thank you for responses..

    We made it clear via the agents at the point of valuation that the alarm did not work. It wasnt included on the house particulars and the ticking of the box was a genuine oversight. We also reiterated to the agents that the alarm did not work.

    just because it wasn't included in the house details, if it can be seen in a house viewing you expect it to work especially if it is listed as such on the f/f , I feel for you as you told the agents it didn't work but playing devils advocate, do you know they passed this info onto the buyers

    The boiler we again made clear we wouldn't pay for a service on. I can see that the buyer would be peeved thinking he was having a warranty. I will have to check email correspondence to the estate agents for what we said.

    Again in the buyers defense unless told, they would not know that lack of service would stop the warranty, they probably asked for it originally like people ask for a new MOT on a car, not needed but reassurance it is ok. However if you never stated it had warranty they don't have a case (maybe you need to check what you have said just to be safe)

    Everything else was sold exactly as see, walls, smoke alarm etc..

    Agree your buyer does sound like a right pain but I would cover yourself in the above two complaints

    Thank you for replies. .
    Originally posted by Teddy1963
    ...............................
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