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Original poster

Sold my house a few weeks ago and now the buyer is threatening to take us to the small claims court.

28 replies

OpposableThumbs · 29/05/2014 22:04

Can they do this? Do they have a case?

I don't want to go in to too many details incase they are on here but the issues are:

  1. We stated in the initial paperwork that we were going to remove a particular fixture and fitting but said we would replace it. They said that there was no need to replace as they would rather chose their own. I don't have this in writing as it was a face-to-face conversation. They are annoyed they have been left without it.

  2. They say that they have had to have the boiler replaced.

  3. They say the house had fleas. My animals showed no sign of fleas when we were there, although they did about a month after we moved in to our new house.

As far as I'm concerned they had a full survey and we have not hidden anything so I don't really see how this is my problem. Where do we stand legally?

Thank you in advance for any help.

OP posts:
AgentProvocateur · 29/05/2014 22:09

I think the buyer has seven days to check that appliances are working. If it's within this time, and they need a new boiler, I suspect they can claim for it. Likewise, the thing you took. If it's in writing that you'd replace and you didn't, they could claim. I don't think they can do anything about the fleas except curse you.

ExitPursuedByABear · 29/05/2014 22:12

Really? I bought a house and the shower didn't work. I had a new one fitted. Sounds like they are chancers to me.

Original poster
OpposableThumbs · 29/05/2014 22:15

Thank you AgentProvocateur. It has been a lot more than 7 days.

OP posts:
mandy214 · 29/05/2014 22:16

I think that it comes down to what it was reasonable for them to rely on / part of the sale - which is why you'll have had to complete the SPIF form (Sellers Property Information Form) and give details of the fixtures and fittings. If the sales particulars said (for instance) "fully fitted kitchen with integrated american fridge freezer" etc and they offered (and subsequently bought) relying on that (and it was incorporated into the sale) then yes, arguably they have a claim against you if a) you've given false information or b) taken something that was part of the contract / sale.

Original poster
OpposableThumbs · 29/05/2014 22:27

It was wall lights. In the SPIF, we said we would be taking them but would replace them. We didn't replace as they said they wanted to chose their own.

AgentProvocateur do you know where I can find some legal info on that 7 day rule?

OP posts:
Nerf · 29/05/2014 22:37

Blimey, well, good luck to them .
Our seller left us with a gas fire condemned within hours of moving in, flea ridden carpets, no tv aerial and a boiler that we had to replace. Kitchen door fell off.
And after a half hearted solicitors letter which they rebutted (denied everything) we just had to shell out.
So I'd be stunned if they get very far at all - rest easy!

mandy214 · 29/05/2014 22:38

CAB Advice

I think you are under a duty to "make good" any damage that you cause when you remove fittings. If you said you were replacing them in writing, you should have asked the buyers to put it in writing that they didn't want you to. Unfortunately, its your word against theirs if you didn't (and presumably they'll rely on you saying you would).

If the boiler failed days after they moved in, then thats their bad luck but if it wasn't working when you moved out, and you've said in writing (in the SPIF form or if their solicitor raised enquiries) that it was working then they have a reasonable claim.

AgentProvocateur · 29/05/2014 22:42

www.consumerfocus.org.uk/scotland/files/2009/10/HR-Moving-Home-3rd.pdf

Hmm, maybe it's a scottish thing. It says in the booklet I've linked to that the time would be specified in the missives and is usually a couple of days. We definitely had seven days, as we moved during a hot summer and had to have the heating on to check it.

Original poster
OpposableThumbs · 29/05/2014 23:02

Thanks all. We are going to try Citizens Advice tomorrow.

OP posts:
Sparkle9 · 29/05/2014 23:06

This reply has been deleted

Message withdrawn at poster's request.

AgentProvocateur · 29/05/2014 23:17

Sorry that it was Scotland specific. It's one of those things that I thought would be the same everywhere.

ReallyTired · 29/05/2014 23:27

In England its up to the buyer to organise a survey. Once the purchase has gone through there is no comeback. Its up to converyancers and the survey to find problems.

"

  1. We stated in the initial paperwork that we were going to remove a particular fixture and fitting but said we would replace it. They said that there was no need to replace as they would rather chose their own. I don't have this in writing as it was a face-to-face conversation. They are annoyed they have been left without it"

Then they do have a case to sue you.

In England they cannot sue you for selling them a house with fleas or the boiler failing.

mandy214 · 29/05/2014 23:44

Really they can (re boiler) if sellers misrepresented the position in the papereork. If they declared it to be working when they knew it wasnt (not that the OP has said that) but buyers would have a potential claim then.

mandy214 · 29/05/2014 23:44

Really they can (re boiler) if sellers misrepresented the position in the papereork. If they declared it to be working when they knew it wasnt (not that the OP has said that) but buyers would have a potential claim then.

mandy214 · 29/05/2014 23:44

Really they can (re boiler) if sellers misrepresented the position in the papereork. If they declared it to be working when they knew it wasnt (not that the OP has said that) but buyers would have a potential claim then.

ReallyTired · 29/05/2014 23:51

What is the definiton of a working boiler? If the boiler was working on departure then they OP should be fine. It may well be the case that the vendors got a corgi engineer to service the boiler and the boiler was (unexpectantly) condemed.

If they are sueing for a new boiler then its won't be a small claims court matter.

LackaDAISYcal · 30/05/2014 00:02

ha, we moved in to alarm and no code number noted down. They had switched the electricity off and when we switched it on to get the boiler going, the alarm went haywire. No answer from any solicitors (saturday morning) so we had to call out an emergency alarm company to get it sorted.

We were also left with an attic and garage full of their old crap that they hadn't moved and a driveway full of rubbish and had to hire a skip. A family member of theirs backs onto our garden and he said they ran out of time, sorry. No word of apology from the vendors or their daughter. Solitor said they would pay for the rubbish removal, but then ignored the invoice when sent, so we had had to pay up and shut up. We have made a bit selling their old tat though, including over the odds for an old beaten up banjo. they denied all responsibility for the alarm Hmm

Sorry, digressing, but we did look into taking them to the small claims court, but it was going to be a costly process upfront and no guarantee of a win, so we decided not to pursue it.

LackaDAISYcal · 30/05/2014 00:03

I'm sure we had an issue with the boiler as well, and the response was "it was fine when we left it"

mandy214 · 30/05/2014 11:23

The small claims is now for claims upto 10,000.

Nerf · 30/05/2014 11:32

We had that Daisy - every thing answered with 'my client has no knowledge of this' or some such. Cost a fortune and we had had a proper survey.

HolidayCriminal · 30/05/2014 11:42

Solliciter who did your conveyancing should be able to advise.

My gut feeling is: fleas & boiler: they have no case against you as long as you disclosed truth as you knew it.

Fixture-fitting: you might be best to offer compensation but do it in a no-fault way; so say that you will offer something as good will but definitely not because you believe you have broken terms of contract. Don't admit liability, this will strengthen your case if you do get dragged to court.

notjustamummythankyou · 30/05/2014 12:56

Did your buyer get all the appliances checked, or did they just have the usual survey?

We inherited a condemned gas fire. Didn't even know until British Gas mentioned it during an annual check! It wasn't mentioned on the docs but then we didn't choose to get the appliances inspected properly, so decided to take it on the chin. 'Buyer beware' and all that - we've learned our lesson!

But wall lights?? Verbal agreement aside, it'll cost them more to follow that up through the small claims court than it would just to buy a new set.

I think they're chancing it a little.

BristolRover · 30/05/2014 12:59

read the contract re: the light fittings.
On everything else, I assume your lawyer did their job and said that everything else was subject to purchaser's viewing and recommended they inspect. Caveat emptor / buyer beware. LEt them issue.

ReallyTired · 30/05/2014 14:44

mandy214

Small claims court only deals with simple cases.

3littlefrogs · 30/05/2014 15:00

I won't even begin to list the things we found wrong with our house when we moved in.Sad

IME it is pointless trying to do anything about it.

They won't get anywhere, and I am sure they won't want the hassle.