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!

was not completely freshly painted as confirmed.
Do not correspond directly! Leave it to your solicitor.

Spray paint out of a can comes in a variety of colours and is remarkably easy and very fast.
I seriously doubt that your contract stipulates “paint with a brush.”

You never said professionally painted did you?

I'd run around with a roller and the cheapest paint I could find. If you are painting everywhere the same colour and don't care about the mess then you could do a whole house in half a day.

She has signed the contract so if she doesn’t proceed she’ll lose her deposit. I think she’s just trying it on to get as much done for free as possible. The things she has already asked for are ridiculous

I agree with PP, stop pandering to her. I'd be tempted to reply asking her to send you the specific sections of the consumer law that would deem an unqualified statement to be given another meaning. Also for her to send you specific case law examples where the said law had been applied under similar home advertisement and purchase circumstances so you can judge for yourself, else you will have to assume that she is flinging idle threats about.
She's being an absolute chancer. If she has had a survey done and then proceeded to exchange, the starting position would be caveat emptore - let the buyer beware.
I'd also let her know how much the delay is costing you each day and that you will pursue her for every penny she costs you if she delays any further.

No thankfully! It would cost us hundreds if not a couple of grand to get everything else repainted professionally!

I'd be tempted to reply ...
Do not feed the beast.

If you have to paint, a single coat of emulsion of the same colour is the easiest. A lot of people do that to cover marks and scuffs when leaving rentals.

I mean, she's not wrong, if the house was advertised as freshly painted then I would assume that meant the entire house.

But she is mad to pursue this. It's clearly an oversight than a deliberate misrepresentation, and a fairly trivial one in terms of a house purchase. What I think is particularly bonkers is that this could clearly backfire for her. The cost and hassle of remedial works to fix a rushed paint job is too big a risk to take, given that presumably she could not dictate the standard to which the work is carried out. A quick roller around with a can of cheap white trade emulsion would satisfy the condition of freshly painted, but is hardly likely to be the outcome she's looking for.

I kind of think that she has a point tbh. 'Freshly painted' to me implies the whole house had been done. Your estate agent shouldn't have been so careless in the wording imo.
But if the bedrooms are nicely finished, then it is a trivial thing to make a fuss about, since most people redecorate to their own preferences anyway.
Shed have a shit fit if she saw the state my walls were in when I completed on my house!

It would be worth it to see her face on moving day 🤣

If it is not qualified, the consumer law would interpret it to mean the entire house was freshly painted.

Are you sure she's a solicitor? That phraseology isn't really what a legally trained person would use - you would just say "consumer law" not "the consumer law". Ask her to spell out which statute or other legal provision she is referring to. I suspect she won't be able to.

Black. Paint the bedrooms black.

Honestly, I think just ignore all further comments from her and keep asking about completion and grey rock her.

she can threaten all she likes, but you’re not going to get dragged into court for this. They’ll insist on mediation right?

ignore her. You’ve done nothing dishonest or shady. Don’t indulge her anymore

I wouldn't do anything which makes the house look too different to how it was at the viewing - she didn't agree to buy a house with lime green walls (presumably ) so if you do anything, just one coat of paint in the same colour that already on the walls

Why is your solicitor being so quiet on the matter? Caveat emptor would apply in the UK and I would expect a reply to say there was no false advertising as the paintwork would have been obvious on viewing the property and their client was happy to go ahead and exchange on that basis. I don’t think she’s got a leg to stand on and the way the letter is worded I.e. with zero reference to any specific sections of the consumer law, I’m assuming she’s either chancing money off, attempting to delay further or pull out altogether with it being your fault so she can retain her deposit.

Google tells me that the Consumer Rights Act doesn't apply to house sales.

In the UK all estate agent particulars have a disclaimer along the lines of "this description of the property is intended as a guide to the buyer but no warranty is made as to the accuracy of the particulars and the buyer should satisfy themselves of any details ... blah blah" can't remember the exact wording but it basically means that any kind of suing is ruled out. Do you not have something similar?

@London76 so entire house, right? How far are we taking this? Light switches, flooring, windows, roof tiles…

What evidence does she have that it wasn't freshly painted? It just...got some damage in the 12+ weeks since the photos were taken.

"Our client is of the view" sounds like solicitor speak for "she's batshit but asked us to write this letter".

The SRA equivalent in Australia is the Legal Services Commission. Organised at state level, it seems.

christ alive I have heard it all now, I think ignore her stupidity, how ridiculous, sorry though you are going through this, its the stuff nightmares are made of,

I would definitely be choosing to paint in a sludge brown and silk paint- nightmare to paint over.

Contract matt white would be cheaper but... I'd love the thought of her having to sand all the paint off to repaint it herself.

I'd get pedantic about the phrase "the entire house". Do they mean the floors, the bathroom fixtures? The glass in the windows? The ceiling fan? Please specify...play them at their own game of semantics.

In reality I'd give the most cursory shitty roller job on the doors. Literally a 5 minute single pass over while muttering a massive fuck you with each stroke of the roller.

Surely the estate agent is the one at fault for false advertising.

Maybe I’m being obtuse here but she viewed it first before making her offer. Therefore she must have been satisfied enough to make the offer.

i would speak to my own solicitor for advice and ask them to write to her advising she has no claim and that the delay is costing x amount per day which will be pursued should she continue the petty delays.