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Buyer complainant after competition

8 replies

Olivea17 · 03/07/2019 18:40

We’ve just had an email from our solicitor stating there is damage to the floor that was not highlighted in their survey and they didn’t see when they viewed the property. We exchanged contracts and completed the following week. They only viewed the property once before making an offer. We don’t live at the property. The solicitor has said the floor has lifted and essentially want us to pay to fix it. I think they are trying to say it was damaged between exchange and completion. Our solicitor has said the property should be transferred in the same condition as it was in on exchange of contracts and there is no obligation for us to point out any defects. Do we reply and say that or do we pay? Don’t want lots of back and forth, could do without the hassle.

OP posts:
wowfudge · 03/07/2019 18:45

Communicate through your solicitor only. Just state the floor was in the same condition on completion as it was on exchange. Buyers are told to check they are happy with everything and to visit the place if necessary before agreeing to exchange.

lpchill · 03/07/2019 18:46

When I brought my property a few years ago when we exchanged we had to get our buildings insurance sorted to cover between exchange and completion. Did the solicitor say what proof they have that the issue started while you owned the property and what survey did they buy? Did they get the cheap bank one or did they pay for a full one because that should have been picked up (depending on what actually caused it) by the surveyor and they should complain to them

MonkeyTrap · 03/07/2019 18:47

The principle of caveat emptor applies to property sales - ie buyer beware, the seller is not obliged to point out fault. The buyer can jog on. They should take this up with their surveyor who missed it, not you.

bellinisurge · 03/07/2019 18:50

Caveat emptor. It's their surveyor's fault for missing it. This isn't a bag of peas. It is now their property and their problem. Do not engage directly with them.

WBWIFE · 03/07/2019 23:16

Just say the floor was in the same condition as upon viewing.

Our vendors left half their possessions and loads of rubbish as well as piss and shit carpets throughout. We couldnt even get them to pay for skip hire for their stuff!! And they wouldn't collect either and the solicitor couldn't do anything about it!

Olivea17 · 04/07/2019 07:09

Thank you. I’m unsure if they just got a mortgage survey or a full survey but they viewed he house in April and we have exchanged/completed end of June. So I’ll just ask our solicitor to respond and say it was in the same condition on exchange as completion?

OP posts:
WBWIFE · 04/07/2019 09:37

Yes, they're just trying it on.

BlueSkiesLies · 04/07/2019 11:53

Don’t engage.
Respond through solicitors “floor is in the same condition as at viewing and exchange”

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