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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My parents in law sold their house last week. In the special

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My parents in law sold their house last week. In the special conditions of the contract it stated that the house was to be professionally cleaned. This was done and an invoice for the work has been sent to the buyer's solicitor.
Since then the buyers of the property have complained about the state the house was in on completion. They have provided photographic evidence that there was dust on the AGA and on shelves and in drawers. Clearly this is an oversight on the part of the cleaner. They buyers have grown increasingly aggressive and have threatened court action. My parent's in law have provided the buyer with everything he has asked for in relation to this and have offered to put it right once they understand what the buyer wants. He has now replied saying that if they make a £100 donation to Cancer Research UK he will drop the case. Does he have a case? Can he demand they make a donation? £100 isn't worth an argument, but I feel is desperate to feel he has won out of principle and that doesn't seem right as my parent's in law have fulfilled their side of the contract. Any advice would be gratefully received. Many thanks, Sarah
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Provided the property was "professionally cleaned" (albeit some minor dusting appears to have been missed) then our parents in law have fulfilled the Contract and the Buyer has no claim whatsoever.

I would doubt very much if any sensible party would take Court action in these circumstances- the only posssible claim that could be made is that the property was not professionally cleaned, and even if the claim was substantiated, the Buyer would only be entitled to claim for "any loss incurred" which to me would probably equate to approximately £20 being the cost of getting a further cleaner to "finish the cleaning"!

On a side issue- Any Court case would be heard in the small claims Court for which only nominal costs can be claimed if a party is successful. Therefore, if the buyers did wish to waste 2 hours filing the Claim and then dealing with the defence your parents in law would raise, this will be time they have wasted which I can't see they would do.

I hope this assists and sets out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.

Hi. Thank you for your response. If they have proof that they commissioned a professional cleaner (which they do), they wouldn't even have a claim would they? The wording in the special conditions in the contract say "Professionally cleaned" It doesn't mention anything about it having to be to subject to the buyer's approval. For the sake of £100 we are tempted to pay just to make this problem go away. I am just concerned that by doing so we are admitting liability or that they may come back and make more demands. Thanks again for your help.

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

You are correct- provided it was done by a professional cleaner, then the Buyers have no claim whatsoever, in that that is what was done and there was no further caveat imposed on your parents in law.

I wouldn't pay a penny to be honest! You can never please some Buyers sometimes, and although I do not know the full circumstances, I think your parents in law went above the call of duty in having their property professionally cleaned in the first place! It certainly isn't the norm that such a special Condition is put in a Sale Contract.

I hope this helps.

Kind Regards

AL

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Expert:  Aston Lawyer replied 2 years ago.
Hi,
Can I be of any more assistance to you?
Kind Regards
AL