Sold appliances with property, buyer sent chq dated Feb due to finding something "wrong" on moving in. Bit long!

[Paddlechick666]

Okay, bit convoluted but I'll try to keep this short and to the point.

I sold my 45% share of a housing association property in June 07. I sold thru housing options and basically did all the things an estate agent should do.

Buyer understood it was likely to be a long process but agreed to act as swiftly as she could and keep on top of her solicitor etc.

She didn't get her mortgage offer till end August, despite saying all the finace was in place in June. Survey took another week. She prevaricated, avoided answering questions about survey etc. I spoke to her several times and she blatantly fibbed about what was happening and when.

I very nearly lost my purchase due to the length of time it all took. Not to mention incurred extra costs for various things.

We agreed £250 for cooker, f/freezer & washer/dryer. I asked her to send a cheque in time for it to clear prior to completion.

We completed 3/12 and no cheque. I asked her to re-send (she had sent a cheque to the wrong address dated 29/11. Even if it had arrived before completion it wouldn't have cleared).

Finally, last Saturday, I had a Christmas card with 2 cheques for £125 one dated December, one dated February. The note in the card said she'd found an old infestation of bed-bugs and had to pay £280 to have it treated. She said she would leave it to my conscience as to whether I would cash both cheques.

I am furious! I've got problems with my double glazing in my new property but I'm not going back to my vendor demanding money.

Yes, there was bed-bugs about 18m ago when a lodger moved in. I paid £300 to have it treated and there has been no evidence of anything since.

There was nothing in the contract/legal paperwork asking me to declare anything like that and tbh I'd forgotten all about it.

I fully intend to cash both cheques but I am so blimmin mad at her I feel like doing something more formal but I have no idea what! Friends/family say just ignore and cash the cheques. Oh and did I mention that her deposit offer was £1200, absolutely ridiculous but evidently she was on a 100% mortgage.

Is she legally within her rights to withold this money? Have I any recourse or should I just let it go and cash the cheques in Feb, assuming she doesn't stop them of course!

Sorry this is so long!

I would cash the cheques - she has a bloody cheek. And is carry on like a weirdy. I would guess she has money troubles that prevent her ability to honour the second cheque until February.

After you cash the February cheque, you might pass onto her the details of the company who carried out the bedbug treatment, and suggest she contacts them.

PC - Hi

Just some quick questions - was the agreement for the £250 for the fixtures and fittings part of the contract? It's normally added as part of the special conditions and stipulates that the agreed sum is paid over as part of the completion monies on the Completion Date. If so, then it's part of the contract and therefore a legal obligation on her part. You can ask your conveyancing solicitor to send a letter to her solicitors saying that she's in breach of contract or alternatively threaten her with that personally.

If it's not part of the contract, it's still a "verbal contract" between you and her and therefore enforceable - do you have any evidence of the agreement? Was it done via the estate agents? Or agreed in correspondence between solicitors but not put in the contract?

So far as the bedbugs are concerned, my view is that the principle of "buyer beware" applies - that's to say that she's not entitled to any comeback on those things she has not specifically questioned. The money to be handed over was for fixtures and fittings. It's completely separate and she shouldn't be mixing one up with the other. It would have been unusual but it's worth checking with your legal correspondence to see if she raised any enquiries specifically on "infestions" and how you responded. Obviously if you omitted to respond correctly to the question then you might be liable to pay for the work. But I would be asking for a report from whoever carried out the work and a receipt of course.

I hope this helps - there are tons of conveyancers proper on here so hopefully they'll come along in a while and fill you in properly. You know you can always send me an email if you need to

Congrats on the house by the way - as far as your double glazing is concerned, did your seller provide you with any guarantee for the double glazing? That might be your comeback as far as that's concerned.

I agree with WH - if buyer has an issue it should be with the company you had treat the bed bug problem, not you. You should send her info/copy of invoice from original treatment if you have it and she can go back to them. Otherwise agreed cost of appliances stands as was. I'm not a lawyer, but I would think you would have no liability if there was no requirement to declare previous bug issue in sale details? What you feel is fairest is up to you. I don't think any new home owner is without teething problems when you first take possession of a property!
Wishing you happiness in your new home x

Do you have it written down that she agreed to pay the £250 for the white goods? ie a solicitor letter? If so then she cannot withhold the money, but (at the same time) the money should have been passed to you through the solicitor at the time of completion.
Even if you don't, and you had a verbal contract for the white goods, she has no right to withhold the money, as the bedbugs and the white goods are 2 separate things.

The bedbug issue should have been brought up before completion and, (i would have thought - but don't know for sure) should have come up on a full survey of the property. If she didn't have a full survey on the property, then its a case of buyer beware, if she did have a full survey on the property then she may have some grounds to seek compensation from the company that performed the survey. Maybe one of the inhouse lawyer types would be able to lett you the legality of this.

I would ask her for the money in full as she already has the goods, and why should you wait until feb for money you need?

like you say with your double glazing, there are always snags when you move into a new property.

oh, i took so long to write it....have x posted.

You can go ahead and cash both cheques now
It doesn't matter if one is dated Feb or not

hi all, thanks for the responses.

i asked my sol about adding the transaction but she said it'd complicate the contract even further and to just do it between ourselves.

i have the email correspondance tho.

cash, as far as i recall there wasn't anything in the paperwork wrt to infestations. i honestly wouldn't have a clue where any paperwork from the pest control guys would be right now! there are no guarantees on this sort of treatment tho but, honestly, there has been no evidence of any recurrance of the problem since.

wrt to my double glazing, again nothing from my vendor. i believe they are the original windows as all the flats are the same. it's not so bad now the weather is warmer. just major condensation on cold mornings. i have a shammy leather and i just mop it up!

interesting to hear i can cash both cheques now despite the february date. thanks for that tip. will head to bank next week.

thanks for all the new home best wishes too, we're settling in slowly but surely!

Hi PC

That's pants about it not being in the contract especially as you specifically asked - you must have a very lazy solicitor If the cheques can be cashed straight away, then great cash them. If not then send her an initial letter saying she's got 14 days to pay up or you'll issue a small claim - what a cheeky bint trying to guilt you into not taking the money!

I think I was a bit confusing talking about the paperwork for the "debugging" - if she didn't specifically ask about it then you don't officially have to disclose anything. What I meant was if she expects you to even consider paying for any treatment (or deduct it from monies owed neither of which I would do in your shoes) then she should provide the paperwork proving it was necessary as well as the receipt.

Re: the double glazing - how old is the set of flats? If it's less than 10 years old since the windows were installed/built, then there should be a guarantee - maybe the Landlord or the managing agent has the details? They might have something to do with the maintenance in general so it's worth a try. sopping up with shammy leathers sounds a bit high maintenance to me

Am just wondering if your solicitor made the appropriate checks during the conveyancing process re. infestation and double-glazing.

I would contact the Law Society for advice.

cash, i did hear bad things about the solicitor after i'd completed!

the flats were built in the '60s or '70s and it doesn't look like anyone else has changed their windows. i really don't think i have any come-back as i only had the basic survey done.

note taken re: paperwork for the work she has had done. will go to bank on thursday and see what they say about the date on the chq.

hope you're well and have had a nice xmas?

lovemymum, are there rules on that sort of thing then? i've bought and sold before and have never had to answer questions regarding either. i thought it was more a survey type thing and if you don't pay for the full in-depth survey (and few people do IME) then you take your chances.

at the end of the day it's only £125 but i need the money and it's the principle. this woman has been a nightmare from the start!

If there's no guarantee on the work you had done re infestation then she has no query with the original company - just thought she might get some recourse from them, but you are not responsible. I believe it is buyer beware. You should cash the cheques with a clear conscience.
If your windows are original won't they be just single glazed? - which is why you get condensation - I don't think it's a fault? Anyway, I have no idea, just speculating. It will get better as the weather warms up and you can throw them open in the mornings........ooooh, can't wait for spring.......Take care, good luck, and have a lovely New Year everyone

sorry - didn't read your message properly re windows.............

If there is no problem with the appliances(for which this payment is due) then go ahead and cash the cheques. She isn't actually withholding it. Sounds like you have issues over her anyway which this has reignited, best leave it and move on. btw condensation isn't an uncommon problem, with single or secondary double glazing, if it were serious your surveyor would have noticed signs on the frames.

Am not a solicitor but worked in conveyancing a few years ago. I think that there may be a few basic questions that your sol should have asked regarding the condition of the property. Again, contact The Law Society cos you have heard negative things about your sol which means you have a reason to think that s/he perhaps may have been less than thorough.

MLM, the windows are UPVC double glazed and my step-dad is pretty sure they're "breached" as it were wrt to the condensation. It's a bit annoying but it's not the end of the world. The flat is warm and pretty quiet so I can cope with mopping up a bit. can't wait for spring too!

Lizs, yep you're spot on. I do have issues with the woman and this has re-ignited them. I was just so happy to have the sale complete and relieved that she wasn't going to stress me out any furhter! Wrong!

LMM, the sale was more complicated than normal due to the Housing Association element. I specifically used a local solicitor and confirmed that she'd handled HA sales before etc. I guess I could go to the Law Society and I probably have a social responsibility to do so. But, as per above, I just want the whole transaction done and dusted. It's been 6 months of serious stress for me.

I will take the cheques to the bank on Thursday and see what they say.

Thanks for everyone's replies, I've learned a fair bit from you all.

Will let you know what the bank says.

Happy New Year!

just a little update for those who might still be interested.

finally paid the cheques in last week and the bank accepted them and they have cleared.

wonder if i should expect another letter from my buyer informing me of her disappointment in my moral fibre