Property Buyer threatening to take us to court

[London76]

Sorry for the long post…
We are selling our property and before putting it up for sale we painted the main areas of the house and bathrooms, but did not do the bedrooms or doors.
The property was advertised as ‘freshly painted’. The buyer is now threatening court action against us as after viewing the property (before she put in an offer) and getting the survey completed she apparently realised at some point that some of the doors and the bedrooms were indeed not all newly painted. She is now threatening to take further legal action for false advertising if we do not pay to get the remaining areas painted. We are legally under contract now so neither party can pull out without reason, but any advice as to whether she has a leg to stand on? I feel the term freshly painted is pretty vague but not sure where we would stand legally and if it is indeed misleading or misrepresentation to say freshly painted but have not painted everything. She is a solicitor and using the firm she works for to send us the legal letters so it feels a bit intimidating.
I’m more annoyed that she is doing this 3 weeks before we complete, after we have already agreed to delay the sale for 12 weeks to accommodate her financially. We are already losing so much money as we’re having to pay 2 mortgages until it’s sold!

You've exchanged contracts already? In which case nothing can be done.

Surely your solicitor should be advising.

Remember you are free to raise a complaint to the SRA about her. Tell her that. She will shut up super fast. SRA is her regulatory body, check out their Code of conduct for solicitors xx good luck with your move and enjoy your new home xx

If I were you I’d go and buy the cheapest paint you can find, (in the most awful colour) and “freshly paint” the remainder of the house, you’ll only need to do one coat.

Rubbish! Caveat emptor. If she was that fussed about the date of painting she should have checked before exchanging contracts.

The property was advertised as ‘freshly painted’.
What was the wording. Did it say "totally and completely freshly painted" or "some of it freshly painted"?

Sorry I should have been clear that the property is in Australia so the contracts and deposit are exchanged as soon as an offer is made, subject to finances and surveys. The rest of the process is pretty much exactly the same as here except you can’t pull out unless there is something major on the survey or finances fall through.

It just said ‘Freshly Painted’

How much would it cost you to go in and paint the areas in dispute? While the complaint is ridiculous, if the delay is costing you money, it might be worth just buying cheap paint and spending a weekend painting.

She's bat shit

I'd be tempted to paint the remaining areas the most garish shade of lime green I could find.

If you live anywhere near me I’ll gladly pop by and help slap on all the walls, doors and skirting a delightful mishmash of all the lovely tester pots I have accrued over the past 8 years but can’t bring myself to throw out. However I will gladly donate them to your great cause!

I really think we should. It’s definitely not false advertising if it’s been ‘freshly painted’ then…

She really is, she’s already asked us to clean filters, the ceiling fan and change a bulb in the oven…

Unfortunately it’s overseas but my husband is going back to finalise everything this week so maybe he can pick up the pots on his way… 😂

Stop pandering to her! Or, alternatively, send her a bill for materials and your time.

We can’t change the sale date and we agreed to help her out but she’s been nothing but a nightmare since. We will probably end up doing it ourselves if we have to, but it’ll be a quick rush job just to keep her happy.

She's batshit. You didn't say all of it was freshly painted and in any case, caveat emptor. She's looked around. She's had a survey. She went ahead and exchanged. (Don't paint it an arsey colour though however tempted you are. That won't help!)

You say she's using her firm to send the letters - are they actually instructed on her purchase? Your wording makes it sound like maybe she's using letterhead to frighten you on a personal matter. That's the kind of behaviour that can get you fired and disciplined by the SRA on top. Rule 1.2 of the solicitors' code of conduct: "You do not abuse your position by taking unfair advantage of clients or others."

We have refused everything else except a couple of electrical safety things. This time we have received a legal letter stating:

Our client is of the view that the paintwork of the property is inconsistent with the advertisement made and is a misrepresentation. It is now obvious that the house was not completely freshly painted as confirmed. If only part of the property was freshly painted, the advertisement must qualify that clearly. If it is not qualified, the consumer law would interpret it to mean the entire house was freshly painted.

I have a few Avios points saved so might be willing to travel and unleash my own interpretation of Tracy Emin in Technicolor splendor 😁

She's gearing up to knock the price down with minutes to go, or can't that happen there?

If she’s already delaying completion due to finances, it sounds like she’s not proceedable and wants the collapse of the sale to be your fault and not hers. Speak to your solicitor.

She’s been going on about it for weeks after the survey and then a letter was emailed by the head of her firm on Friday, stating the following:

Our client is of the view that the paintwork of the property is inconsistent with the advertisement made and is a misrepresentation. It is now obvious that the house was not completely freshly painted as confirmed. If only part of the property was freshly painted, the advertisement must qualify that clearly. If it is not qualified, the consumer law would interpret it to mean the entire house was freshly painted.

If only part of the property was freshly painted, the advertisement must qualify that clearly.
Speak to your solicitor and your Estate Agent, they will know the rules.

What did the estate agents say?

He has maintained that he thinks she’s being unreasonable but we will have a chat with him tomorrow to see what he thinks