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Original poster

Money kept back from sale of house to fix private water supply.

41 replies

newnamechange1234 · 22/08/2018 15:25

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.

OP posts:
prh47bridge · 22/08/2018 17:11

I'm not clear what has happened here. In what way was money "kept back from the sale"? If the purchase price was reduced because the private water supply needed sorting out no-one owes you anything. Are you saying that the seller agreed that they would pay to sort out the water supply? Or has something else happened?

user1487194234 · 22/08/2018 18:06

I would have thought it would have been the solicitor who held the money , normally on joint deposit for seller and purchaser
Normally there would be specific conditions on which the money would be held and released
Have you got the paperwork detailing that

greendale17 · 22/08/2018 18:14

Sorry but I think you have been done over.

If money was kept aside it would be with the solicitors. Nothing to do with the estate agents whatsoever.

User878929333 · 22/08/2018 18:27

Was the money paid to a Freeholder to carry out the work at their convenience? Are you Leasehold?

achoocashew · 22/08/2018 18:31

This doesn't make sense. estate agents do not hold money from sale of houses, solicitors do. The whole thing sounds very odd.

Original poster
newnamechange1234 · 22/08/2018 19:56

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?

OP posts:
Original poster
newnamechange1234 · 22/08/2018 19:58

We were to have sorted the water filtration, which the money retained would have paid for, and this money released to us once a satisfactory water sample was obtained.

OP posts:
BritInUS1 · 22/08/2018 19:58

Are you sure this has actually been done

Dilemmacentral · 22/08/2018 20:00

Your estate agents are going to give a damn. Not on teeny tiny damn.

And as for your husband instructing them to take them to court... this is rude, but are you and your husband 10 years old?

Dilemmacentral · 22/08/2018 20:00

I mean really. On what planet do you think your husband can instruct an estate agent from five years ago to sue another one.

They will laugh at you. They will really laugh at you.

Dilemmacentral · 22/08/2018 20:02

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.

Because they’re not interested in a sale from 5 years ago that they have already received commission for!!

Asdf12345 · 22/08/2018 20:07

Today 19:58 newnamechange1234

We were to have sorted the water filtration, which the money retained would have paid for, and this money released to us once a satisfactory water sample was obtained.

Sounds like you need to do the work and get the sample, then ask for the money if that is what was agreed.

TheCrowFromBelow · 22/08/2018 20:14

You need to sort it out, pay for it, then contact the solicitor for the money.
Is it held by your solicitor or the vendors?
You can’t ask them to give you the money in advance, they will need to see an invoice.
Have you had any quotes done or contacted any contractors?

Original poster
newnamechange1234 · 22/08/2018 20:15

We have obtained a quote for the work to be done, and want an assurance that we can get the money after we have the work done, as it’s money we can’t really afford to pay.

@Dilemmacentral
Thank you for your comments, do you have any suggestions as to how we can get the money then?

OP posts:
Original poster
newnamechange1234 · 22/08/2018 20:16

As in, we will manage to scrape
The money together from savings etc, and then out that money back into savings when we get the money from the solicitors.

OP posts:
Original poster
newnamechange1234 · 22/08/2018 20:16

*put

OP posts:
titchy · 22/08/2018 20:18

We were to have sorted the water filtration

But you haven't sorted it yet Confused

titchy · 22/08/2018 20:21

We have obtained a quote for the work to be done,

Then get it done! Once you've got samples send to vendors solicitor. I don't know why you're talking about suing - no one owes you anything as you haven't done your bit yet.

Presumably your purchase contract sets out the conditions that must be fulfilled before the funds are released.

Dilemmacentral · 22/08/2018 20:21

No advice because no where near enough detail

They “refused” to release. On what grounds

TheCrowFromBelow · 22/08/2018 20:29

You have assurance, it would have been in the sales contract.
They aren’t refusing to release it- they can’t because you haven’t had the work done!

prh47bridge · 22/08/2018 20:40

We were to have sorted the water filtration, which the money retained would have paid for, and this money released to us once a satisfactory water sample was obtained

You have your explanation as to why they won't release the money to you right there. You haven't provided a satisfactory water sample so you are not entitled to the money.

We have obtained a quote for the work to be done, and want an assurance that we can get the money after we have the work done, as it’s money we can’t really afford to pay

If the contract included a term setting out that the money would be paid when a water sample was provided you will get the money. If they refuse to pay once you have fulfilled the terms of the contract you can take them to court. This would be a small claim so you should deal with it yourself rather than get your solicitor to do it as you can't reclaim anything you spend on lawyers. I suspect you should take action against the previous owners, not their solicitors. If this was written into the sale contract, your contract is with the sellers.

Pythonesque · 22/08/2018 20:47

What were the terms under which the money was kept back? Is the amount that was kept back consistent with the quotes you have received? Was there a time limit for getting the work done? 5 years sounds an awfully long time to have not got it done. Get out your paperwork, get the work done asap any way you possibly can to fund it- but make sure it is done properly - then you can get the money released and, assuming you have read your paperwork properly, would be able to seek urgent redress if it wasn't released back to you. Good luck, I can imagine it is nerve wracking

user1487194234 · 22/08/2018 21:50

Slight concern that after 5 years your right could lapse (prescribe)

NaomiNagata · 22/08/2018 21:57

@newnamechange1234

You know you can't get the money until you do it. You will have had those assurance at the time, so what have you been calling them for 5 years about? So they can repeat what they told you at the time and what will be in your paperwork?

Get it done then get the money. You're wasting everyone's time.

Collaborate · 23/08/2018 00:04

I suspect you mean there was a mortgage retention. No other explanation makes the slightest sense.

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