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Original poster

Buyer wants 7k reduction a few days before Exchange because of flooring. Are they BU or am I..?

100 replies

Eastie77 · 10/06/2021 12:36

I am selling a leasehold flat. The freeholder/landlord is a housing association. Around 12 years ago I obtained consent from the HA to install wooden flooring. I was informed via e-mail it was fine as long as I put in underlay and the owner of the ground floor flat below me was agreeable. Both conditions were met.

At the beginning of the sale process the buyer’s solicitor asked for proof of consent. Unfortunately I no longer have the e-mail I received 12 years ago from the HA. I asked the HA if they could resend it and they said no as the rules have changed since I originally obtained consent and they can now only give consent upfront to occupiers of ground floor properties.

However they then inspected the flooring and said it was fine, does not need to be removed and they would only ask for removal if the owner of the ground floor flat complained. This was put in writing and sent to the buyer’s solicitor.

The owner of that flat has not made a complaint in the 12 years the flooring has been in place and has confirmed, verbally and in writing, that he cannot hear any noise from my flat (lovely guy who is trying to help). I have two children who run up and down all day long so any issues would have been noted by now.

My Estate Agent called me yesterday to say the buyer wants a £7k reduction to cover costs in case she has to remove the flooring in the future. I am confident there is zero chance of my downstairs neighbour complaining so I have offered to draw up a legal contract confirming I will cover all costs if she has to remove the flooring in the future but a reduction in sale price at this point is out of the question.

Does this seem fair? We are due to exchange in one week, the buyer was made aware of the flooring issue 3 months ago (and I made an offer re covering costs at the time similar to the one I’m making now) and I feel as if she is trying to force my hand by making this last minute demand.

Thank you if you've got this far!

OP posts:
Mumdiva99 · 10/06/2021 12:42

Sounds like she is chancing it and I wouldn't go there......

Just a thought - is there some sort of indemnity insurance she/you could take out to cover this? - We had it on our UPVC windows because the buyer said their was a covenant stopping replacements - it cost us a few pounds and was worth it. - Actually what the covenant said was you cant change the style of the windows and we hadn't we had replaced like for like - same hinges, patterns etc and I should have said it was fine.....but for the sake of a house sale we just did it.

Alternatively you could offer to put carpet down before she moves in - no doubt that will cost you a few hundred pounds max. End of issue.

akissbeforebed · 10/06/2021 12:43

How quickly would you sell if you remarket the property? I'd be inclined to tell her where to go...

Sssloou · 10/06/2021 12:45

I have offered to draw up a legal contract confirming I will cover all costs if she has to remove the flooring in the future but a reduction in sale price at this point is out of the question.

Far too generous. You could be held to this for decades and it could easily be abused.

They are chancing their arm - evidenced by the timing.

Despicable. Don’t budge.

Yellow85 · 10/06/2021 12:45

May be different where I am but surely an indemnity policy is the answer here. What are your solicitors saying?

Sssloou · 10/06/2021 12:46

Alternatively you could offer to put carpet down before she moves in - no doubt that will cost you a few hundred pounds max. End of issue.

Yes would do this and glue down some vile brown carpet tiles.

Idontgiveagriffindamn · 10/06/2021 12:47

So I do think it’s fair they question it - just because the neighbour hasn’t complained doesn’t mean they won’t or the neighbour might change. But unless it’s huge asking for £7k is ridiculous.
I’d not offer the contract as you suggested though.
I guess it depends on how much you want to sell. It would piss me off but I’d probably offer £1k off fo potential future carpeting

huuuuunnnndderrricks · 10/06/2021 12:49

Our buyers did that for a new roof but wanted £50 k off .. fuckers!

MindBodyChocolate · 10/06/2021 12:52

Definitely don’t offer that contract!! You could be on the hook for years. Take legal advice but it sounds like something that should be easily covered by an indemnity policy which will cost you a few pounds.

UpTheJunktion · 10/06/2021 12:52

I would not offer to cover future costs!

The most the buyer would ever have to do is put down carpet.

£7k is outrageous.

Have a discussion with the Estate Agent, if they are good they are often very good at sorting out this sort of thing.

Leftphalange · 10/06/2021 12:55

I understand them questioning it however 7k is ridiculous and I would definitely say no.

I also wouldn't agree to cover the costs of anything in the future, everything should be neatly tied up.

I would offer to put down carpet instead, basic carpets will cost far less

Original poster
Eastie77 · 10/06/2021 12:56

I originally suggested an indemnity policy. My solicitor said she didn't think I'd be able to get one because the Housing Association has effectively withdrawn their original consent for the flooring. This confused me a bit tbh but I didn't follow up because after sending the letter from the HA saying the flooring is fine and confirmation from my neighbour stating he cannot hear anything from my flat we didn't hear anything about the matter again. Until yesterday's surprise call from the EA.

My flat is close to central London. I had 11 viewings and an offer the day it went on the market. I think I'd sell again fairly quickly if I remarketed but who knows for sure in this climate. No onward purchase to lose (renting) but obviously the hassle of unpacking etc at this very late stage.

OP posts:
notapizzaeater · 10/06/2021 12:59

Tbh, I'd call her bluff and get it remarketed.

museumsandgalleries666 · 10/06/2021 12:59

Put a cheap underlay and carpet down over the wooden floor, problem solved. Won't cost you £7K

Original poster
Eastie77 · 10/06/2021 12:59

The covering costs in the future would be in the very specific case that the owner of the flat downstairs complains about noise as this is the only circumstance under which the HA would ask for the flooring to be removed.

I had offered to put carpet down but didn't get a response to that.

OP posts:
Thekormachameleon · 10/06/2021 13:09

They are chancing their arm

Surely at this stage they have incurred costs for searches etc - say no and stand firm, do not offer any contracts etc

Golden2021 · 10/06/2021 13:12

Don't do it. 7k my arse.

Cactusowl · 10/06/2021 13:14

I would offer to put down carpet , get the cheapest possible. Certainly wouldn’t agree to 7K!

alamene · 10/06/2021 13:14

I'd refuse, they have left it this late on purpose. I'm

Bunnyfuller · 10/06/2021 13:18

Say buh bye to these buyers. It’s a price drop tactic. I bloody hate people.

You might get more for it then when they offered as the market is crazy buoyant.

Moonshine11 · 10/06/2021 13:19

7k?! Piss off.
Cheaper for you to put carpet down, I wouldn’t hold yourself responsible for any future floor changes.
If they aren’t happy I would threaten to pull out, their being CF trying the luck

Sunbelievable · 10/06/2021 13:20

God no! Offer to put carpet down and regretfully inform them it will sadly ruin the wooden floor (so they don't just think they can rip it up again).

YADNBU!!

I hope it goes through, but if not your flat sold quickly once...

Zilla1 · 10/06/2021 13:24

I think it would be ill-advised to offer such an open-ended promise of "I have offered to draw up a legal contract confirming I will cover ALL costs if she has to remove the flooring in the future". If you insist then you might want to limit this to applying solely for the current occupant of the property below for a period of one year and you select the carpet and fitter and otherwise limit this ill-advised promise to manage your risk.

Ask your estate agent to confirm what the current market position is for your property compared to when they made their offer. If the market is static or has increased then say no and get your estate agent to remind their estate agent you had 11 viewings and they made their offer on the day, you've had subsequent enquiries and that their estate agent should discuss with their client whether they may want to reconsider their (unreasonable) position. Ask your Estate Agent to ask if they plan on hand selecting the alpacas and having the carpet woven by craftswomen in Kashmir on moonlit nights?

If they insist and you don't want to re-list then offer to re-carpet yourself (how much would it cost in the cheapest carpet imaginable. I think mud-brown and mustard psychedelic stripes in nylon is an often misunderstood carpeting choice).

As PPs have said, how long ago did you communicate the landlord's refusal to confirm and their approach now? Have they sat on their hands for weeks/months in a cynical attempt to screw you over?

Good luck.

Zzelda · 10/06/2021 13:26

Have you discussed this with your solicitors? I suspect the easiest option is to pay for an insurance policy against the possibility of the neighbour making any sort of viable claim.

Zzelda · 10/06/2021 13:27

Sorry, should have read your posts, OP. But I would still look into insurance policies as I'm not sure your solicitor is right about that.

bravotango · 10/06/2021 13:27

Isn't this what indemnity insurance is for? She can get stuffed and I wouldn't be drawing up a legal doc making you liable for any costs.

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