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Property Buyer threatening to take us to court

154 replies

London76 · 10/11/2024 22:16

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!

OP posts:
MustWeDoThis · 13/11/2024 13:17

London76 · 10/11/2024 22:16

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!

Report her to her Australian regulating body for harassment and abusing position of power, and work utilities. Once you have done that - Find the most garish paint that you can and paint the doors and walls in shitty brown, yellows, rainbow colours, do some artful drawings in paint. Make it as ugly as you can and then stipulate she never said what colour she wanted.

Goodtogossip · 13/11/2024 15:32

if she viewed the property, put the offer in & is going ahead with the purchase then she doesn't have a leg to stand on as she's agreed to purchase 'as seen'. Unless you stated exactly what was freshly painted then she can't fore you to cover costs of the whole house painted. Ask you Solicitor to send her a letter back stating you won't be engaging in any further correspondence with her & definitely won't be covering any decorating costs.

WomenInConstruction · 13/11/2024 15:42

What is the legal definition of 'freshly' anyway. đŸ¤”
If you were my dad, anytime in the last ten years or so would qualify for that description.

It's one of those phrases that doesn't mean much (legally), like 'probably the best lager in the world'. Or 'good value' ... All bs phrases that are completely subjective.

ByQuaintAzureWasp · 13/11/2024 16:04

Freshly painted is a term which can't be absolutely defined in law. Tell her to sod off.

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