Our buyers saying we didn't disclose neighbours.

[ihateconfrontation]

So we sold our house and exchanged and completed a few weeks ago.
Moving as we had to move area for work.
On solicitors forms it asked if we had any neighbourhood disputes, we answered no, which was true.
We were one of the middle houses in a terrace. One side had 4 teenage boys and parents and the other side is a multi occupancy let.
Both properties had noise coming from them which was to be expected, multi occupancy house had people smoking outside and chatting in normal volume voices until maybe 10pm, other side the teenage boys bickered occasionally and slammed doors when in a strop.
Both houses played music, but never past 10pm and not loud, just at music listening volume!
I've got noisy pre schoolers, so guessed that we made noise of our own.
Anyway, our buyers ended up with my email address and we've been getting constant emails saying we should have disclosed the neighbours and how loud they were on solicitors forms.
They are threatening to sue us and say that the noise is at an unacceptable level and I should have told them.
I feel awful as they've spend half a million pounds on a property that they clearly aren't happy in, but we lived there happily for 6 years and classed it just as neighbour noise.
What can I do? Can they sue?

It's subjective anyway so seeing as you didn't make current formal complaints I can't see the problem as you put that down to normal neighbourly noise and it didn't ruin your enjoyment of living there.
I don't think they have a leg to stand on!

It was more a town house than a terrace, hence price.
But still all attached in the same way a row of terrace houses would be!

@Cherrybakewellll

If you called the police, or you had knowledge of such actions, you should have declared. However, it really depends on the extent of what happened, what action was taken, whether the police have an 'antisocial marker' on the property etc.

But it was previous occupants. Not the current occupants, so not relevant.

You didn't have a dispute with the neighbours, agree that you should block them and move on. There is no paperwork that can follow you to say that you did have a dispute, the only family you complained about moved out.

I also wouldn’t engage except to say you didn’t find the noise excessive and there were no disputes between you and the neighbours. Ask them to stop harassing you. If they don’t, you’ll have to take it further.

What do you think they could sue you for?

Just ignore them. Don't refer to your solicitors as you will have to pay!

They can't sue you for anything. Honestly, put it out of your mind.

Oh and I wouldn’t disclose the couple. You reported anonymously and they are irrelevant - longer live at the address.

I would respond and say that you did not have any issues with the neighbours' noise as it didn't bother you - therefore there were no disputes to report and the form was answered correctly. Finish by saying that you will not be responding to any further emails - then block them.

If they have an issue then they will need to contact the solicitor who handled their property purchase, and get them to write to yours - who will presumably respond in the same vein and tell them that they don't have a leg to stand on.

I do wonder if it's been louder due to lockdown?
No school or work, everyone home under each other's feet, and hot weather so they've all been out in the gardens.
Especially with socially distant gatherings happening in gardens more at the moment.

@mrsmummy1111

Ha not at all - far from it actually. But I've had the misfortune to live in rented properties next to noisy neighbours and HMOs and also our current house it next door to a rental.

Maybe because I work hard and generally very tired that I'm often found relaxing in bed by 9pm and If the neighbours were playing music till 10pm every night I'd be annoyed

When ever we get round to moving I will definitely be asking about status of neighbouring properties and If I find out one is a HMO I wouldn't be buying it

Rentals and especially HMOs tend to have zero respect for either the property or the neighbours

£500,000 for a terrace! Fuck me im glad I live in a northern ex pit village

You've nothing to worry about. You only need to tell them about actual disputes; arguments, incidents where there has been some kind of negative interaction.
You dont need to disclose noise. It's the buyers responsibility to go around at different times to check out what the neighbourhood is like. When I bought, I went round at various times over a few weeks to get an idea of what the street was like.

Do not engage with them. They don't have a leg to stand on. Block them.

Feel a bit better now.
I get that they're gutted as it wasn't as they imagined, but our new house has a constantly barking dog next door and the house behind had 2 house parties last weekend!
But then my kids probably drive them up the wall bouncing on their trampoline!

The spif written form only requires sellers to declare any neighbour disputes like a written complaint or legal dispute

www.problemneighbours.co.uk/what-you-have-declare-about-neighbours-when-selling.html

If  your buyers had a valid complaint about the conveyance  then  they'd have instructed their solicitor  to contact you.  He's probably already told them, they haven't a leg to stand on. 

Keep every email they send,  they are evidence of electronic harassment

I'm surprised the HMO didn't come up in a search. All the ones in our area have to be registered, and since ey are so common these days I would have thought a conveyancing solicitor would have searched for next door/same street HMOs.

I think you were being a little economical with the truth though, saying next door was let out is not the same as saying its let out as an HMO, not saying you had to disclose, but I think you were choosing your words carefully.( though I don't blame you, caveat emptor and all that)

[quote ivfdreaming]@mrsmummy1111

Ha not at all - far from it actually. But I've had the misfortune to live in rented properties next to noisy neighbours and HMOs and also our current house it next door to a rental.

Maybe because I work hard and generally very tired that I'm often found relaxing in bed by 9pm and If the neighbours were playing music till 10pm every night I'd be annoyed

When ever we get round to moving I will definitely be asking about status of neighbouring properties and If I find out one is a HMO I wouldn't be buying it

Rentals and especially HMOs tend to have zero respect for either the property or the neighbours [/quote]
I’m with you. I’d be pissed off as well.

It rather depends on the teenagers and the music.
Chatting and quiet music, fine.
Shouting, yelling and a thumping bass, no.

www.google.co.uk/amp/s/www.dailymail.co.uk/news/article-8431237/amp/PR-couple-lose-compensation-fight-buying-dream-Surrey-home-finding-noisy-bedsit-door.html

Very similar case here.

Basically if the buyers wanted to avoid neighbourly noise, they shouldn’t have bought a semi 💁🏼‍♀️

Whether the neighbours are noisy or not is completely irrelevant. The conveyencing forms don’t ask that. They ask if you have ever had a dispute with your neighbours which means a formal complaint to police/ council about your CURRENT neighbours. There would be no point mentioning the old neighbours because they don’t bloody live there anymore!

If OP has never submitted a complaint then there is zero proof she has lied in any shape or form. Regarding the noise - different people have different perceptions of what is “noisy” so someone going to the toilet might be deafening to one person yet full blown techno music not a problem to someone else. This is why any sensible person buying a house will visit it at various times of the day to see for themselves what the noise is like, who hangs around of an evening etc. That is up to the buyer to do their due diligence on that as there is nothing specifically about noise or people hanging about the property in the conveyencing documents!

It sounds like a situation that would really annoy me if I was the buyer. However, their solicitor's searches should have flagged up the HMO next door and that would be a red flag for noise (to me). I don't mind outside noise, but noise through the walls really gets on my nerves.

Not all terraces are two up two down back to backs, have some imagination

This is one near me www.rightmove.co.uk/property-for-sale/property-81732169.html

Our buying system is based on 'buyer beware', so there is nothing to sue you for. Annoying for them, but not something you're responsible for.

When I sold a flat some years ago I got a similar email from the buyer shortly after buying saying that I hadn't disclosed that I could hear the neighbour snoring from the bedroom. I had never noticed the neighbour. He tried to get money for it from the insurance (I had taken out insurance for any disputes over the sale of the house), but the company were having none of it. If I remember correctly they said that there was no way for him to prove that the snoring was not a recent issue and that it had been a problem when I was living there. This could be similar. How can they prove that the noise they are hearing is the same as you heard? It could be that the neighbours are at home more due to lockdown, it could be that the teens suddenly have a new interest or are going through a phase of making more noise.

I think legally you should have declared the dispute when you called the police.

We can’t, as a society, be in a situation where people don’t call the police because of domestic violence in case it affects a future house sale.