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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.
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.
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.