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

[Eastie77]

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!

Chancer. I’d offer whatever you think would cost to carpet over the flooring in a mid range carpet, in the unlikely event of complaint. I’m guessing that’s £1 or 2k.
Or just say no this is your worst case (if there is a complaint in the future you will need to carpet over)

@Zilla1 loving the neon carpet

I've had some advice from the lovely property solicitor on another thread and she has clarified why an indemnity would not be suitable. So carpets it is.

Waiting to hear back from the EA this morning. I think the buyer is going to pull out which is annoying but not devastating. I just need to know so I can stop packing!

That's ridiculous. Why would you pull out of a several hundred thousand pound purchase because at some point in the future you may have to put carpets down. I mean flooring needs changing periodically anyway. Even if it was currently carpeted she might one day want new carpets. Bloody madness.

It sounds like the council have said they've not had any complaints about the flooring but if they did they'd ask for removal. So I'm not surprised the purchaser wants it addressing. Highly unlikely to get a valid indemnity policy when the council have said they will enforce if there's an issue. It's not like an indemnity on say windows where enforcement is time limited.

7k sounds ridiculous, but I don't think it's unreasonable for the buyer to suggest some sort of discount/replacement.

Sorry to hear they might pull out and disrupt your plans, OP. Fingers crossed for agreeing a higher price with a more reasonable buyer.

Good luck.

I’ve heard back from the EA. It seems carpet is not such an attractive offer. The buyer miraculously obtained a cheaper quote for flooring removal for £2k and wants this sum as an allowance rather than having me remove anything upfront.

I have replied that I would rather go via the retention route and have said this can be retained by my solicitor for a fixed period and if a complaint is not issued during this time the money will be returned.

Unless the buyer plans to move a herd of elephants into the flat the chances of my downstairs neighbour complaining are less than zero.

Does a retention period of 1 or 2 years seem fair?

That sounds like progress, OP, though arguably a signal of weakness and bad faith by your buyer. If you are willing to lodge a payment and a retention period then I'd plan for the buyer to want to negotiate so offer 1 year otherwise if you offer two then they'll ask for more. Also, set out objective criteria (your representative gets to discuss with neighbour or landlord directly. you get to seek quotes yourself. your solicitor should be able to help with the wording).

Does £2k seem reasonable for your local market and the floor area? If not then you could say to your EA to tell their EA that your buyer's unreasonable position has caused you to reassess. They should withdraw their request or you'll consider re-listing or consider carpeting yourself.

It depends on how you value completing quickly, the hassle of unpacking and listing and the scope for a better price and buyer.

Good luck.

What a chancer. I'd go for a year too so that she can negotiate to 18 months. And seriously I wouldn't go for longer than that.

I can't abide people who behave like this in property transactions. If the sale goes through, do a poo in the loo before you go and don't flush.

Of course she doesn't like the idea of carpet 😁 She wants to keep the nice wooden floors and get some extra money as well.

To be honest, I'd say either it's carpet or nothing, as you will get a buyer who will chance it as obviously the wooden floor sounds much nicer.

I wouldn’t give an inch personally.

I would say to them that carpets are being fitted. End of issue.
This completely removes the problem. If they don't like the new carpets the are free to replace them.
If they wish to pull out of the sale they are free to do so and the new carpets will be marketed with the new advertisement. You can say if they would rather they chose a carpet after purchase you will deduct your carpet fitters price from the amount. But state the price and if they want betterment they can negotiate with the carpet fitter themselves after purchase.

No way would I be offering the removal of a floor that just needs covering. If they remove it (with your money) they still need to put down a floor.

High end of cheeky they are.

How many sqm are we talking?

This still an outrageous quote - say to remove 35m2 or wood flooring it would take one unskilled person less than a day.

No tradespeople are on £2k a day.

Seriously - they are trying to take the piss and pressurise you at the last minute.

Teach these CF a lesson - it’s a blinking competition - they will lose more than £2k if they miss the SD holiday.

I would stare them down whilst the clock ticks.

Alternatively offer to meet half way on their £2k nonsense quote at £1k.

It will also cost your £££ in legal to draw up paper work.

I would say carpet or nothing.
No one would be charging 2k. Ask for the quote?

If you go ahead, ask her to pay for the stuff wrote up by sol. But I don’t think you should be out of pocket by this much.

No, it’s ludicrous! As a PP says, you can put down carpet and solve the whole issue for them. I wouldn’t get into ANY after-sale nonsense. As a FTB their solicitor should be telling them this is absolutely nutso.

You can carpet the flat, or they can complete at the agreed original price.

She's off her trolley! I wouldn't put any offer in of money after sale if complaint is made. And if you do, keep it as short as possible. Madness!

** Teach these CF a lesson - it’s a blinking competition - they will lose more than £2k if they miss the SD holiday.

I would stare them down whilst the clock ticks.**

^This. I would offer them nothing.

Honestly, you have been more than fair. Carpets or nothing!

What was the original flooring of the house? As far as I'm aware, you can take up the wood floor and replace with original HA style flooring, usually cheep as chips if my HA floor was anything to go by. 7k is taking the mince. I would go get quotes for taking the floor up and leave it up to the buyer if they want that done now or the best quote amount to remove the floor taken off the house price. If that's not acceptable, just say no and risk them pulling out, a house near the centre of Londinium is going to sell and In the mean time, get that floor up and a cheap but neutral carpet put down. Let's face it, once folk are settled they usually change things in their own time. Don't be taken for a ride by chancer.

@Zilla1.

What she said ^^

Just say ‘no’.

I wouldn't be doing any sort of deal
People redecorate new houses replacement would be on the purchase. House is sold as seen

Any update?

Sorry, I hate those posters who never provide an update and then I turned into one of them! (I actually flounced following a spat on another thread and then realised I couldn't reactive my account with the same username

Completed on the sale of the flat last month but the buyer continued her antics up until the last minute. We agreed on a retention of £1.5k to be held for 12 months and if no complaints were received the money would be returned to me. Buyer was happy with this and my solicitor drew up the clause.

Few days later EA called to say buyer has said there shouldn't be a 12 month limit so basically the money will be held indefinitely. At this point I just say fine, for the sake of £1.5k I'll just agree as we have had an offer accepted on an onward purchase. My solicitor changes the wording to reflect this.

A few days later EA reports the buyer wants another change because the wording says the money can only be claimed if she provides receipts in relation to removing the flooring and she doesn't want that 'restriction' and the receipts should be for any aspect of floor care, new carpet etc. I respond I don't effing care if she uses the money for a face lift so why doesn't she get her solicitor to provide the language for the clause? This is done and all agreed on and agree to exchange 4 days later.

Later that evening I receive an urgent call from my solicitor - buyer's solicitor has demanded an exchange immediately (i.e. that same evening) as she now has something else to attend to in 4 days time. I agree and receive confirmation we have exchanged a couple of hours later at 9pm.

All a bit stressful. So the buyer basically walks away with an extra £1.5k. Such is life. I was a bit petty and 'lost' a permit I had agreed to give her which would have enabled her to use a bike locker outside the property. She will now have to join a year long council waiting list to get a space!

I was a bit petty and 'lost' a permit I had agreed to give her which would have enabled her to use a bike locker outside the property. She will now have to join a year long council waiting list to get a space!
good!

Few days later EA called to say buyer has said there shouldn't be a 12 month limit so basically the money will be held indefinitelyconfused. At this point I just say fine, for the sake of £1.5k I'll just agree as we have had an offer accepted on an onward purchase. My solicitor changes the wording to reflect this.

so does this 1.5k just sit there until she uses it?
What happens if she sells the flat on?

If she sells the flat without using it, the money will be returned to me. It is currently in my solicitor's client account.

I re-read the clause after Exchange and it does state that it must be used for flooring, it just doesn't stipulate it has to be used to remove the flooring in the event of a complaint. So she could use it for carpet (unlikely) or maybe just to replace some of the existing installation although it's all in very good condition and doesn't need changing.