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Dear Forum Members
Thank you in advance to all who read/ post. We sold our flat approx 9 months ago, the process wasn’t very amicable to say the least. Recently (over 9 months since exchange of contracts/ completion) our buyer has written to us seeking damages for physical defects to the property he bought from us, claiming misinformation was given during the process. The damages sought are that windows and doors weren’t in good order, that a velux window leaked and that we didn’t disclose our upstairs neighbours had wooden floors, and that we knew (wooden floors being a breach of the lease agreement). He knew about all the faults he is now seeking damages for . Re: windows and doors, he requested on several occasions via email prior to exchange that windows be in ‘good order‘, we sent videos showing windows opening and closing and heard nothing else. But he is now claiming nearly £400 for a for having to fix a bi-fold door that also opened and closed but was a bit stiff to open ? The Velux window in question, he’d also noted a very old stain caused by an historic leak, the leak was fixed some time ago; but a few months after completion he’s claiming the velux leaked and is now trying to claim nearly £7k for a new roof that he has been quoted to remedy the leaking velux. Re: wooden floors, we disclosed to the buyer that flat directly above was having renovation works done, again the buyer proceeded in this knowledge. But he is now quoting old correspondence claiming we knew about the flat having wooden floors ? The only correspondance we have on this is an old emaik trail to the upstairs neighbours in question telling them that putting wooden floors in was against their lease. We don’t know if/ when they went ahead and ignored this, how can t get buyer claim we knew from this ? Any advice would much appreciated. Our conveyancing solicitor has said we should just quote the ‘buyer beware me’ clause from the contract, and that it can’t be a misinformation claim as he seeking redress for faults he knew of.
Thank you in advance to all who read/ post. We sold our flat approx 9 months ago, the process wasn’t very amicable to say the least. Recently (over 9 months since exchange of contracts/ completion) our buyer has written to us seeking damages for physical defects to the property he bought from us, claiming misinformation was given during the process. The damages sought are that windows and doors weren’t in good order, that a velux window leaked and that we didn’t disclose our upstairs neighbours had wooden floors, and that we knew (wooden floors being a breach of the lease agreement). He knew about all the faults he is now seeking damages for . Re: windows and doors, he requested on several occasions via email prior to exchange that windows be in ‘good order‘, we sent videos showing windows opening and closing and heard nothing else. But he is now claiming nearly £400 for a for having to fix a bi-fold door that also opened and closed but was a bit stiff to open ? The Velux window in question, he’d also noted a very old stain caused by an historic leak, the leak was fixed some time ago; but a few months after completion he’s claiming the velux leaked and is now trying to claim nearly £7k for a new roof that he has been quoted to remedy the leaking velux. Re: wooden floors, we disclosed to the buyer that flat directly above was having renovation works done, again the buyer proceeded in this knowledge. But he is now quoting old correspondence claiming we knew about the flat having wooden floors ? The only correspondance we have on this is an old emaik trail to the upstairs neighbours in question telling them that putting wooden floors in was against their lease. We don’t know if/ when they went ahead and ignored this, how can t get buyer claim we knew from this ? Any advice would much appreciated. Our conveyancing solicitor has said we should just quote the ‘buyer beware me’ clause from the contract, and that it can’t be a misinformation claim as he seeking redress for faults he knew of.
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