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Hello, hoping someone with experience in Scottish property litigation can help.
I sold a house in Scotland last year, with the date of completion being 28th June 2019. The buyer took possession of the keys on this date. I had no contact; negative or otherwise, with the buyer after this date.
Yesterday, I was informed that Aviva Household, represented by a Solicitors firm, were seeking damages to the sum of £30,000, with regards to an 'escape of water' at the property which I sold. According to the letter, on 9th July 2019, said escape of water occurred from a faulty bathroom tap on the upper floor, which brought down the kitchen ceiling below, and caused substantial damage to the rooms of the ground floor. Their claim is that the tap was faulty prior to the sale, and was not disclosed; a claim which is false.
I have since been informed that, at or around the 5th July - five working days after the completion of sale - the buyer left the property in the care of others (family members) whilst she travelled to Dorset to see family. Upon her return, she discovered the damage, as described.
My understanding is that, in Scotland at least, property is sold under 'Buyer Beware' and a 5-working day grace period is normal - as written into the contract which both I and the buyer signed - for the buyer to raise any claim of damage. My query is this:
-The contract was between myself and the buyer, not Aviva Household. Why are they instigating this claim?
-The buyer failed to raise any claim within the grace period. Can she now raise a claim, despite the damage having been caused after said period?
-Is this my word against hers, with regards to the alleged 'pre-existing' damage?
My view is that there is no case to answer, however any advice would be appreciated whilst I await reply from my Solicitor.
Thanks
I sold a house in Scotland last year, with the date of completion being 28th June 2019. The buyer took possession of the keys on this date. I had no contact; negative or otherwise, with the buyer after this date.
Yesterday, I was informed that Aviva Household, represented by a Solicitors firm, were seeking damages to the sum of £30,000, with regards to an 'escape of water' at the property which I sold. According to the letter, on 9th July 2019, said escape of water occurred from a faulty bathroom tap on the upper floor, which brought down the kitchen ceiling below, and caused substantial damage to the rooms of the ground floor. Their claim is that the tap was faulty prior to the sale, and was not disclosed; a claim which is false.
I have since been informed that, at or around the 5th July - five working days after the completion of sale - the buyer left the property in the care of others (family members) whilst she travelled to Dorset to see family. Upon her return, she discovered the damage, as described.
My understanding is that, in Scotland at least, property is sold under 'Buyer Beware' and a 5-working day grace period is normal - as written into the contract which both I and the buyer signed - for the buyer to raise any claim of damage. My query is this:
-The contract was between myself and the buyer, not Aviva Household. Why are they instigating this claim?
-The buyer failed to raise any claim within the grace period. Can she now raise a claim, despite the damage having been caused after said period?
-Is this my word against hers, with regards to the alleged 'pre-existing' damage?
My view is that there is no case to answer, however any advice would be appreciated whilst I await reply from my Solicitor.
Thanks
