To ask for help with money kept back from sale...

[newnamechange1234]

We bought our house 5 years ago, and money was kept back from the sale to sort out the private water supply. We have many times over the years tried to get this water sorted and money released for this, but the seller/sellers estate agents have refused to release the money to us.

It has all come to a head now as I am starting a business from home which requires me to have a clean water supply, and a sample has revealed that we need extensive filtration done to improve the water supply coming into our house. This has to be completed and a certificate from Food Standards Agency before I can start my business. We have been boiling our water and using bottles water up to now, but really want this water sorted. It will cost us approx £4000, but we may be able to get a grant for £800 of it.

Anyway, when my husband tries to phone our estate agent to deal with it, he always seems to be out or busy, and won’t take his calls, we have tried going to his manager but can’t seem to get anywhere. He has tried to phone the sellers estate agents but was told they are unable to discuss the matter with him, which is fair enough.

He is thinking of giving our estate agents a deadline to deal with this, eg 2 weeks and then instructing our estate agents to take the sellers estate agents to court for the money, is this a good idea?
Does anyone have any advice on what to do? Thank you.

I know not AIBU but I’m posting here for traffic. Thank you.

CAB? or I am afraid your solicitor which will cost - to send letter

You’ve waited 5 years to sort this out?!! Why?? Can you still legally chase them for this? Or does it lapse after a certain time and that’s what they are hoping? (Disclaimer:- I have no idea that’s why I’m asking)

Unusual for an estate agent to retain money, it's usually one of the solicitors

We had money kept back when we bought a previous house for various works, it was kept back by the mortgage lender, then released when the work was done, I didn't think estate agents handled the cash side.

I don't think you can instruct your estate agents to sue the seller's estate agents. That's what solicitors are for.

Aren't your estate agents the same as the sellers estate agents? Usually estate agents just act for the seller.

You need to go back to your solicitors and find out what was agreed about who would hold the money and how it would be accessed.

If this is a mortgage retention, you need to satisfy your mortgage lender that the works have been completed before your mortgage lender will release the amount as per your mortgage offer's terms & conditions. It doesn't have anything to do with the estate agents normally - just between yourself, your mortgage lender and your solicitor.

I have only ever heard onf mortgage lender holding back money.

You should get so legal advice immediately. Most limitation periods for legal action are six years (although if you have been in contact with them this may have reset the limitation period but I wouldn't risk it). You have to make sure that you file a claim before you reach the six year mark.

Sorry, I’ve just realised that it was our solicitors in contact with their solicitors; Not estate agents as I mentioned.

It is our solicitor that is very difficult to get a hold of, to get this dealt with.

We have been trying to deal with this for 5 years, and keep getting fobbed off. It’s only come to a head now as we urgently need it done so I can start my business.

Would it cost a lot for us to instruct our solicitors to take theirs to court?

My understanding is you get the work done and have a certificate to prove it then they will release the retention money, If you haven't had the work done the mortgage people wont release the outstanding amount. When we had a retention there was a time limit set of 2 years to get the work done. Are you sure it isn't the mortgage lender who is retaining the money? I don't understand who you want to sue if you haven't had the work done.