The couple who bought our house are lying and asking for compensation?

[KitKat1985]

Hello.

Moved house a couple of weeks ago. Our buyers had been quite hard work all along (being very slow to do everything, holding the whole chain up, and just being a bit 'odd' generally), and we were pleased to have the whole thing over with. They were also quite 'odd' in the fact that they did an initial viewing with me back in August (agent not available) and were only in the house about 10 mins and had a quick look around only. I thought this was fairly standard for an initial viewing and assumed they would come back at some point to do a more detailed viewing when the agent was available, get a survey done etc. However they never in the entire conveyancing process (which was over 6 months) asked to come back for a second viewing or asked for a survey to be completed (bar their mortgage company which did a valuation survey, which came back with no issues). The property was priced to reflect the fact that some bits in the house needed replacing (a couple of tears in the lounge carpet, some cosmetic water damage to the shower, some paintwork a bit flaky etc, and the fitted oven was 10 years old and had seen better days, etc). We then got a letter through last week, forwarded on from their solicitor, to say the property was dirty when they moved in (it wasn't, and I have photos that prove it) and they want compensation for the fact that they've had to replace the oven and that the house needs some work doing to it. ALL the issues that they have mentioned were there when they viewed the house in August (although they looked around so briefly they probably didn't even notice) and was reflected in the asking price.

I've replied to my solicitor strongly disputing the fact that the house was left dirty (with photos I took of the vacated property), and explaining that all the work that needed doing to the house was there when they viewed the house, and was reflected in the asking price, and I'm therefore not prepared to offer any compensation.

They can't pursue this surely? Where do we stand on this?

I'm a conveyancing solicitor - I'm shocked your solicitor and their solicitor are even bothering to discuss this! The onus is on them to inspect the property prior to exchange. Tough luck if they didn't - don't stress about it

I work in the industryand unfortunately the principle of 'caveat emptor' is not longer valid as per new consumer protection legislation. This legislation requires the agent to make 'any material information that would effect the average buyers transactional decision available'. This is why agents do a questionnaire prior to marketing asking about disputes with neighbours, knot weed, structural issues etc so pretty big issues. I would say the people who have requested compensation are bonkers and it would not stand up. They are just chancing their luck so I really wouldn't worry. Even if it was dirty (I am not suggesting it was) they still have no come back and as for oven that's just silly.

Good Luck

I had a similar experience when I last moved house. My solicitor said none of the comments were litigious and said when and if the purchasers solicitor contacted them she would say that I had not commented or replied as I was under no obligation to do so.. End of problem.

In simple terms, the CPR’s require a seller to inform their estate agent – and any potential buyer - of material information that may affect an average consumer’s transactional decision, not only to buy a property but even “an omission that may affect a potential buyer’s decision to view a property”

I think the OP did say that they filled out the form/questionnaire and that the areas of potential issue/work were noted and that the price of the house consequently reflected this? (Correct me if I’m wrong OP). OP also allowed the buyer to view the property without the agent because the agent was unavailable so accommodated them in the first instance to view the house and would’ve obviously allowed for them to come back and re-view, which the OP was expecting, but they didn’t do. So it sounds like the OP has done most things right from what you’re saying.

There seems to be lots of things the buyers should’ve done throughout the process that they said they had done but hadn’t and lied that they had, so they’ve done a good job of trashing their own credibility anyway.

I’m no expert at all on these matters, but from what the OP has told us, she has been upfront and honest about everything, cleaned the house from top to bottom, even taking pictures as extra insurance and these people are now just trying their luck and trying to make a quick buck hoping the OP will panic and cave and pay them some money.

Surely there has to be a period of time whereby sellers aren't accountable for works undertaken by previous owners. We've been in our place nearly ten years and have done no structural work. We would have no way of knowing about problems with an extension (signed off by building control) undertaken by the previous owners. Can I guarantee a buyer wouldn't find something? No, how could I be 100% sure. This is worrying.

If you had stated the oven was working when they viewed and it isn't now they would be entitled to compensation. Same with a central heating system. If there is an assumption ienotho g said to the co teary and when property sold then there is an issue. Think buyers have one week to report anything found to be not working when taking occ upancy. Your oven is working was available for inspection prior to selling therefore no claim.

We’ve recently moved and it took 13 months - yes that’s right 13 months!
Our sellers seemed lovely however there were discrepancies with the deeds - they were slow to sort that out, then there was a problem with the land and again they apparently took advice from their solicitor that soil testing wasn’t necessary, then 3 months later we were told t had to be done, they dragged their heels over that as well. Then everything came back fine so we were thinking of a moving date, we arranged to move (bar booking the van) about 6 times and each time was given an excuse, they then asked for a date and two days later cancelled again it’s been a nightmare
Anyway we finally moved in and thought we could relax and enjoy our new house
Wrong
The log burners were condemned as they’d not lined the chimney - lied about that as they said it was done - quite a big fire risk. The house smelt of sewerage for about 4 weeks - we still haven’t got to the bottom of that but the smell has now gone
They left a conservatory (in bits) for us to dispose of, a broken ride on mower which we’ve fixed thank goodness and piles of rubble/smashed up tiles and bits on the driveway
So we wrote to solicitors etc asking for compensation and basically their solicitors told us to duck off - obviously not those exact words.
Oh and an old lady keeps turning up looking for them, I thought she was a neighbour but she lives about 15 miles away!
They won’t give us a forwarding address and basically want nothing to do with the property anymore which I think is sad as they’d been here 25+ years

People are odd

You could always write to them with the standard Private Eye response:
"We refer you to the reply given in the case of Arkell v. Pressdram."

I suggested that long ago.

I recently bought an old house from a lady who had been in it 40+ years and was a hoarder. For this reason, I had a proper building survey done to assure myself of the costs I'd likely be facing to 'make good' the many years of half-finished DIY and old age. The surveyor I picked was exceptional and he did a full estimate of the things that must be done, will need to be done, and could be done. Three big jobs that had to be done like underpinning the chimney and so far he has been spot on.

As she was a hoarder, there was some areas of the house that he couldn't inspect and they don't take up carpet to check the floor joists so I hope I don't find any surprises.

Because of her general lifestyle, compounded by her emptying out the loft after 40 years, I was really worried I'd arrive to find piles of her shite waiting for me to dispose of. I was wrong and her kids had helped her move and cleaned the house top to bottom to their best ability.

I have since found some minor issues around the leccy and plumbing which they did themselves but I wouldn't dream of going after her for it. In any house some things need doing and will break. Ignore them.

As for people thinking you are dirty or otherwise, who gives a hoot?!

The first place I bought, the sellers lied on the forms. They said they had no neighbour disputes. I found out from NDN that they had massive disputed with neighbours and was the reason they moved. A few years later those neighbours were the reason I moved! They also said they had done no works, when they had and didn't have building consent, that turned into a nightmare. The place was dirty when I moved in and all the carpets were completely full of moths eggs and I had thousands of moths and had to recarpet whole place and do a deep clean. I complained via my solicitor and go nowhere.

In complete contrast, the place I live in now was bought off amazing sellers. They moved out a few days before completion and paid for someone to do a full deep clean of whole place. Garden was immaculate. Oven professionally cleaned. Wheelie bins were cleaned too. They left a bottle of excellent champagne in the fridge. They live locally and we have since been friends for years.

Go to Boits Chrmist and buy rescue remedy as a spray or pastels and take a disr every time a though comes up about the buyers.
Cheaper than paying for the solicitor to write a letter and tastes nicer.

Enjoy your new home and forget the silliness of other people who do not deserve a second more of your mental and emotional energy.
If you put any energy towards this situation.. They have won. They wanted you to " pay" so don't "pay" with your emotional energy either

Some people need to hear nothing but silence in the response to their demands.

Houses are definitely sold as seen. I got really cross when I moved. As I emptied my house, there was an issue with the washing machine when it was taken out and the tap the hose connects to snapped. I managed to get a plumber to fix it before the new people moved in. When we moved into our new house the water had been turned off. I turned it back on and found a lean under the sink which had been ignored and left. Cost me for another plumber. Tried to bring it up with the sellers but got nowhere. Was advised by my solicitor just to let it go. It’s always the same though. I spend time cleaning a house I leave only to have to clean the house I love into.

When I bought my first flat the boiler broke within weeks (it really must be a thing) and the plumber said it was illegally installed. Which was an annoying thing not to have known about but even more annoying was the bill for several thousand pounds for a new roof that arrived from the freeholder shortly afterwards. That was an expense that absolutely should have been declared by the seller but my solicitor said it wasn't even worth pursuing her for that as she probably didn't have the cash to give me.

Hello just a brief update to say that there's no real developments here. Not heard anything from them this week so they're are either considering their reply or have decided to drop it. Will let you know if I hear anything else!

No news is good news!

When I bought my house, I also paid (extra) for the oven and dishwasher. Turns out both were completely knackered. Complained to my solicitor who said it wasn't worth the hassle of pursuing, as they will just turn round and say it was up to me to test both before the sale.

So I really can't see that your buyers have a leg to stand on.

If they were that bothered they should have had a pre-completion check done.

I'm hoping no news is good news KitKat

Hi. Just to say cheeky buyers never did reply to my letter so I assume they must have sensibly dropped it as it's been nearly 2 weeks now since I sent my reply. I would have loved to have seen their face when they realised I had photos proving they were lying!

Hope you can enjoy your new house more now!

Hurrah! Congratulations on your new home. Onwards and upwards. x

Delurking to say great job! It would never cross my mind to take photos before I left somewhere, but I think I will now!