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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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I have sold my property and are waiting on the the buyers to

Resolved Question:

I have sold my property and are waiting on the the buyers to sign at the solicitors the contracts, but prior to this we the sellers had a leak which we advised the estate agent so that they they didnt take the buyer in for a last look at the property until we had rectified the fault, just curtious.
Now the leak was a simple one from the overflow water tank, we had insurance, dried the flooring out, replaced the carpet with new and re-plastered a section of the roof and redecorated, all before the buyers have signed and they still havent signed yet!
Our agents have taken it into their own hands and notifed the buyers that we have had a leak by telephone.#
The buyers visited the property looking for leaks or something where they can say the leak has damaged a flooring or something. They went into the living room and stated back to the agents that the flooring has lifted and that they want to send someone into my property to take up the flooring and inspect? The leak was upstairs and we thoroughy dried this section out and inspected the house top to bottom for any signs elsewhere, there was none!
The buyers I think are stalling the signing and exchange because they are waiting on deposits they do not have until next month.
1st Question from me is - Should our Estate Agents (working on behalf of the me the seller) told the buyer about the leak, when the house is still legally mine and we have put back like new?#
2nd Question is - I dont think the buyer has rights to come into my property and lift flooring, although the property is empty and I just have the heating on very low to take the frost away, this might be the cause of the lift in the solid wood flooring?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.


Thank you for your question. My name is ***** ***** I will try to help with this.

it is part of the standard enquiries which a solicitor makes and which you answer which confirms whether the property has been flooded or not and you are under a duty to advise the buyer of any changes to those replies which apply before completion and therefore the fact that the agent may have told the buyer, doesn’t mean that you have suffered any kind of loss because you are under a duty to advise the buyer anyway.

It is a breach of contract and confidentiality for the agent to do this but it’s probably not worth the trouble of trying to bring any action because you haven’t suffered any loss as a result.

You are at liberty to refuse any access to the buyer and refused to let them lift floorboards but all that will do is raise suspicion that you are hiding something. What you need from their solicitor is an undertaking for their buyer to reinstate everything and cause no damage and to pay to reinstate anything which they disturb in the event that they do not proceed to completion.

Can I clarify anything for you?

Customer: replied 1 year ago.

I have had the buyer into re-inspect on Saturday, they were due anyway and I sowed them the leak area and even had my plumber into explained the problem we had.

The problem is that in another room as stated previously the flooring (solid wood) has somehow lifted and moves when you stand on it, it goes up and down, but I said that might be due to the house being cold, i have only the heating on low to take frost away

Expert:  Jo C. replied 1 year ago.
Thank you. The decision is yours to let them lift boards or not
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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