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Post house sale demands.

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  • Post house sale demands.

    Hello all,

    I am hoping that one someone would be able to help / advise on an email that I have received today from my solicitor.

    Cutting a long story short, we recently completed our house sale after a series of what can only be described as unrealistic demands. The buyer made a number of bizarre requests via estate agents and solicitors and basically sought every window of opportunity to save herself money.

    For instance the following:

    - On January 3rd, the buyer stated that she wanted to complete and move in on the 7th January (despite not being in a position to do so due to her own chain etc).
    - 3 days prior to completion date, the buyer stated that she expected us to vacate the property in full a day early in order to allow for a pre-booked deep clean (we obviously could not accommodate
    this as we had to complete on the property that we have moved into, which was scheduled all for the same date).
    - Last minute demands for items that were not agreed in contracts eg blinds, fittings, aesthetic / decor).

    However moving on to the email that I have received today. Apparently the buyer is now threatening litigation unless now compensated for a number of other things as outlined before, all of which
    are ridiculous and continuing on from the complete fiction that she attempted with estate agents / solicitors during the buying process.

    -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    - Supposed leaking / new fit en-suite.

    One of the conditions of purchase was that a partly completed en-suite in the spare room was completed. Due to the small time frame, we did initially struggle to find a plumber, however in the 11th hour we were able to find a qualified contractor at a premier. The works were completed and were to a very high standard and more than satisfactory. Knowing how problematic the buyer had been prior, I photographed and video the works as proof and sent these to the estate etc to be forwarded on as evidence of works completed.

    Despite no problems with the works what so ever, the buyer then presents evidence of supposed leaks that were not present prior to us vacating the property. Surprisingly the leaks were in areas that were easy to tamper with (visible waste pipe with screw fittings). The buyer states that a quote has been obtained from a plumber for £300 and that we are supposedly liable for the leaks, despite having visual evidence that they weren't present on completion and whilst we can't conclusively prove otherwise (she has in out opinion tampered with fittings to make it appear this way).

    - £250 for a deep clean that she undertook (invoice provided).

    As explained above, the buyer attempted to make us leave the property a day earlier than the agreed completion date (despite uncertainty that she was even in a position to complete herself, due to
    uncertainties with her own chain). We did consider paying a cleaner ourselves, however due to the buyers bizarre demands and nature throughout the sale, we were advised against doing so by both estate agents and solicitors. A very reasonable clean was carried out by ourselves prior to vacating, leaving in it a sanitary state that we would have been more than happy to move into ourselves. Whilst we were instructed that we had no legal obligation to do so, we also have our own pride to think of and we didn't want to be seen as unclean. Granted workmen and removal men had been present on the day of move, however upon leaving the property for the final time we were none the less satisfied.

    - TBC? / Unknown amount for tip runs and car valeting.

    Apparently it has been suggested that a number of items were left at the property which the buyer had to dispose of. Pictures have been forwarded to us of a small wicker bucket chair, some shed felt, a hosepipe etc, all of which are minimal items that in fairness were left by the seller when we purchased only 18 months ago. The only reason that they were left is that technically we believed them to belong to the house and that they were left to aid in future repairs etc (ie the roll of shed felt is the same as currently on the shed therefore would aid in repair etc).

    Am I right in thinking that should the buyer have not been happy with the (very small) number of items being left, that she should have followed the appropriate channels and given notice for us to remove them? Had she notified us that she wanted them removing, it would have been very little inconvenience for us to have done so and we would have. Surely it was her own decision to dispose of them herself, as opposed to following the correct pathway? Therefore why should we be held responsible for this?

    - Carpet cleaning / removal of carpets / supposed grime beneath carpets and underlay.

    It has been suggested that apparently the carpets in the property have caused an inconvenience to the extent that she was unable to move in / had to have them removed from the property?

    We purchased the property in Dec 2022, however in receiving news that we were to be parents for the first time, we had to make a really tough decision to upsize in order to accommodate. When we purchased the property, we were always aware that eventually we would perhaps require new carpets, but in the short term they were sanitary and more than adequate none the less. Upon viewing the property, the buyer had seen the carpets and like us thought them to be of no major concern (cream, modern, clean and in sound presentation), however upon moving in she now deems them to be the exact opposite (despite being sold as seen).

    She has forwarded images of the now removed carpets with signs of mild stains to the underlay and mild grime on floorboards etc, stating that is perhaps isn't has she thought. The property was initially let out prior to us purchasing it and we have never lifted it, therefore we wouldn't have the foggiest what was beneath it. We have done no different in the time that we have owned the property in respects to keeping in clean etc, therefore we are bewildered. She also attempts to turn blame towards our cat, stating that it must be responsible for the stains. However, I can 99.9% state this this is not the case as never once has it fouled anywhere other than the litter tray. The carpets have been present throughout multiple tenancies prior to our arrival and with a cat flap in situ and pets present previously, perhaps this may have formerly been a problem? However, we genuinely keep and clean and tidy house and have kept all carpets in a sanitary condition at all times.

    Never the less, nothing has changed from the point of viewing, they are in the exact state that they were when she viewed (on multiple occasions) and made an immediate offer to buy.

    - Telecommunications issues / supposed loss of earnings.

    In anticipation of our sale completion date, I contacted the internet provider for the property to instructed cancellation of services. Little did I know that the prospective buyer had already taken it upon herself to contact a new supplier and instruct the activation of her services on a particular date. Due to demand, this was not scheduled to be competed until close to 2 weeks later, however in doing so her new supplier had hampered my initial order of cancellation.

    Firstly, why was the buyer able to place an instruction to change my services prior to purchasing the property without my consent?

    In contacting my supplier I was advised that I had to wait until the buyers activation date until my services would be ceased (due to her actions prior to owning the property and without my consent). This is turn would have meant that my services would have been active an open to use in the first 10-14 days of her moving into the property and in turn would have left us potential open to costs incurred by the new owners. After long communications with technically teams at my end, a number of steps / suggestions were made by the provider in order to protect me. I was advised to simply remove the front of the master socket in the property and remove the cables from the terminal. they further advised that I was well within my right to do so and it would just be a simple case of the engineers placing them back in when the services were reconnected. May I add that this was done in a respectful manner, I did not snip the cables or leave any sort of damage that couldn't be repaired, because we actually have morals and aren't the sort of people to go around causing others problems.

    Never the less, the buyer states that she had problems in instating the service and that this led to the inability to work from home for a week. All of which was her own doing through making changes to my services prior to owning the property.

    - Hotel costs?

    Apparently the property was uninhabitable? Yes, I know right?.... Which I was led to believe meant no electricity, ability to warm, no running water etc etc....

    The buyer had already ranted at estate agents stating that she was going to have to book into a hotel for 2 nights because we wouldn't leave a window blind in the front room that she had demanding in the 11th hour (outside of the agreed listings of contents), We didn't have to but we actually left the blind to aid the buyers convenience, but now actually wish we hadn't

    But despite the hotel already being booked, she has now the supposed hotel stay stating that it was apparently due to unsanitary conditions. The house was left in a sanitary state, with working electric and complete with hot and cold water supply etc, we are completely bewildered to say the least?... We aren't surprised by this behaviour as the estate agents and solicitors have pulled her on her own "lies" throughout the buying process and it is almost as though she forgets what she has written prior and says otherwise at a later date, therefore always contradicting herself.

    - Finally, compensation for the impact on her own heath.

    Finally, the buyer has stated that all of the above has now supposedly led to stress related shingles. Myself and my husband are paramedics with limited medical knowledge and know that stress can trigger a return of shingles. However really? We have unfortunately had to return to neighbouring properties in order to retrieve items that we had to leave in a neighbours garden. Without slinging mud and acting with the same behaviour as she, we have seen the buyer going about day to day behaviour without a care in the world and all in all her lies and behaviour are disgusting,

    -----------------------------------------------------------------------------------

    The buyer has been an absolute nightmare to deal with throughout the process, to the extent that her solicitor, our solicitor and the estate agents refused to communicate with her further. The whole process was continuously manipulated and she constantly tripped over her own lies via email to all of the above. The final conclusion was that we all simply told her to put up or shut up so to speak, either buy or walk away from the purchase. Initially we accommodated every single request, we allowed repeated viewings with family, extended family and advisories etc. We agreed to meet cost reductions for trivial small faults found in the survey and quite frankly bent over backwards for her. However on the advice of our own solicitor and estate agents, we were perhaps doing too much to accommodate her which then led to wanting more from us as she saw us as easy targets.

    In addition to the above, she didn't request any sort of inspection pre-completion (despite us offering it for our own peace of mind). It seems that she didn't want to do so because she wanted to keep a window of opportunity to try and obtain reductions from us.

    I am sorry if all of the above is a little long winded, poorly written etc, however this is all completely out of the blue and obviously upsetting.
    Tags: None

  • #2
    Is your solicitor not advising? He/she acted for you in negotiating the contract, in providing pre contract information etc.

    You have written a very long post, and I for one haven't the time to read everything. The simple question is whether any of the matters complained of amount to breach of contract on your part. A quick summary reading suggests that many of the complaints are unreasonable.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Sounds like these issues raised as post-completion but I have to say you have done yourself no favours during the buying process and she has done you like a kipper.

      As Atticus has said, unless this was agreed in the contract or you misrepresented something as part of the enquiries, you have zero obligations to the buyer once the sale has gone through.

      I would call her bluff, tell her that her claim is baseless and an extreme attempt to extort money from you with outrageous allegations such as the house being uninhabitable and if she want's to claim those so-called losses then she needs to comply with the pre-action protocols before starting legal proceedings. If she does not then you reserve the right to make an application to strike out the claim for non-compliance along with all legal costs incurred.

      She will either submit a claim and you defend it, or she will go away. The onus is on her to prove not you.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        I agree entirely with Rob - a two sentence letter would suffice! (A two word one would be better but perhaps that is going a little too far...)

        Comment

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