Advice needed out buyer has threatened to sue(23 Posts)
A few days ago out of the blue I received a email from our buyer who bought our house asking for our current address. I replied asking why they wanted our address seeing as we sold the house 18 months ago.
(Buyer was given my email by the estate agents after we had exchanged contracts, can't remember why but it was a few trivial questions I think)
The buyer replied back to me yesterday morning that he needs our address for his solicitor as they intend to take legal action for failure to disclose problem neighbours.
I filled out the disclosure questionnaire and I know for certain I did not lie on that form. I didn't disclose any disputes as there were no disputes.
I've spoken to my old next door neighbour and it seems this has come about as our buyer (buy to let investor) is having major issues with two properties/ families and is getting through a high number of Tennant's as they can't put up with the issues.
From what my old neighbour has said it sounds dreadful as she is currently doing her house up as she wants to sell and get out due to these issues.
One of the properties that is causing problems actually moved in after we exchanged contacts. About a week before we moved.
Do I need to disclose my address?
Do I need to get a solicitor involved?
Horrid for you.
Maybe pop over to Legal bit of MN, where there are sometimes helpful legal bods hanging out?
Go back to the solicitor that you used when you sold the house. Unless you have contacted the police, the council or a solicitor in relation to the neighbours and omitted this from the sellers pack, it will be difficult to prove the problem arose while you were there.
Maybe worth looking on here.
You said two houses causing problems, who is th second? Basically what you can prove is that the second house didn't cause any problems when you were there?
Was it a sale of the house where they moved in a week before you moved out? If so, easy to prove the date from Land Registry data. What about the other property?
The thing is, if you answer honestly your buyer is going to find this very difficult to prove - especially as she doesn't live there anyway. Her tenants may not be telling the truth, etc, etc. Give her your address and see what she sends you. If you have legal cover on your home insurance that may be useful to you in terms of a solicitor's letter back to her.
Get legal advice before replying one way or the other. Start with the lawyer who acted for you.
I'm pretty sure it's the buyer that had to prove that you were aware of the problems before you disclosed on the questionnaire, they're just trying it on. And their solicitor is probably happy to take their money until they're laughed out.
As far as I understand unless you’ve had to contact a neighbour in writing, or you have complained to the council or police about them, then it is impossible to prove that there were any problems with neighbours.
I would provide your address and see what their solicitor sends you, but I think they are grasping at straws.
I don't think you need to disclose your address
However if they are determined to find you they probably will,or sue you as presents whereabouts unknown
I would probably reply saying their lawyer should contact your lawyer
They might just be trying to scare you
If you didn't have any problems with the neighbours then they are going to struggle as they will have to prove you did
What kind of problems are they talking about
You don't need to provide your address. Your buyer should go through the solicitor that acted for him when he purchased your old property. His solicitor will write a letter addressed to the solicitor who acted for you and he will respond to it. If your solicitor needs to contact you regarding this issue, he will. Until then you don't need to do anything. If there were any documented disputes when you were selling, it would be this that would have to be disclosed. But if there are no documented disputes, then your answer on the Property Information Form would be correct. It's very hard to prove otherwise, so honestly, don't worry about it.
Thanks for your replies.
I've just read my post back and I made a mistake. The house causing issues I mentioned in my opening post.
They moved in a week before we moved after the exchange of contracts took place. But they rent the house not own it.
So my buyer can argue that as much as he likes as they will have a tenancy agreement no doubt starting a week before we moved out.
The other house causing issues actually backed onto ours. Off hand I would say they lived there at least 2 years before we moved possibly 3. It's their now teenage twins that are causing havoc. They weren't teenagers at the time as they went to my dds primary school.
I did make a anonymous complaint to the housing association by phone once to complain about the language used by the adults of the house. Fing and blinding over the summer. The housing association did say on the phone they would warn them and it very quickly stopped.
As I say it was a anonymous complaint that couldn't be pinned on me. I spoke to my solicitor at the time and she basically said don't include that in the form as it wasn't documented IYSWIM so wasn't classed as a dispute.
I may drop my solicitor a email to let them know what's happened incase it goes any further. They delbt with the sale and purchase so has our address anyway.
Your buyer is pissed off over things she doesn't have control over do is clutching at straws and threatening action against you. I think you have little to worry about. Coming after you rather than the tenants or the buyer trying to resolve the issues isn't likely to get her anywhere.
OP, while it might be quite unlikely that your buyer is on MN I would ask for this thread to be deleted in case you have given away too much information. You have said that you sold 18 months ago, new tenants moved into a neighboring house a week before you moved, and that there are teenage twins in the house backing onto your old property. If your buyer is on here, that is pretty identifying and your admission of an anonymous complaint against one of those neighbors might give them ammunition for any action they decide to take against you.
@OhForGoodnessSakes there is no such. has a good point here
They can only take action if you hid a dispute
That could be a verbal disagreement but it sounds like you didn't even have time, the problem house overlaps your time by a week?!
There was no dispute so you declared there was no dispute. I fail to see what grounds the buyer has to sue the OP.
Check your home insurance policy and/or any memberships of associations you have, many provide a free legal helpline.
I always opt for the legal expenses extension option on my policies, they generally cover everything from home related matters to employment law expense costs etc., etc., well worth £15 a year or whatever it is.
I would just delete the email and block them so they can't contact you again
They have nothing to sue you for
I'd also suggest getting this deleted.
I'd be inclined to reply saying there is no substance to their allegations and giving your solicitor's details. Also have a chat with your solicitor.
I'd be pissed off that they'd given out your email address, surely a breach of data protection?
I would ignore them and get this deleted...
I'd get this thread deleted due to identifying information.
And ignore all correspondence from buyer and their solicitor.
It may also be worth checking if you have legal expenses insurance and notify them. Agree re delete this thread.
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