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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am selling a property and the purchasers wd. Not complete

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I am selling a property and the purchasers wd. Not complete as we had forgotten to take stuff out of the loft. They also moaned about the garden - it is overgrown and has *****, *****cks etc in it. The property is a rental and the garden has always been in a state. Thais was reflected in price. Offers over £70,000. They offered £74,000, which I accepted.
I got a skip in and cleared the loft and some stuff from the garden. They are still refusing to complete and want the garden completely clearing. They are quoting a clause that was put in the sale contract after the previous non completion, that I would leave 'the property, garden and outbuildings clean and tidy'. I did not sign this. My solicitor emailed me ta ask if I was happy to have a clause put in saying that I would leave the property clean and tidy. I agreed, but no mention of garden and outbuildings.
She only said property in her email
Anyway, the purchasers want to retain £2000 to get estimates to clear the garden. I am not doing this,so they say they are going to sue me for breach of contract because of the clause.
They put an offer I for the house as it was. They must have known they would need to clear the garden.
What do you think I should do?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Was the offer conditional upon the garden being cleared?
Customer: replied 1 year ago.
No
Expert:  Ash replied 1 year ago.
Then no, they can't enforce it. If it was not agreed then they can not do anything.
If they deduct it, then you can sue for breach of contract and I will outline the process.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
So, what my solicitor added to the contract about leaving the garden clean and tidy, although I only agreed to the property being clean and tidy, doesn't count?
Expert:  Ash replied 1 year ago.
It does but that excludes out buildings, shed etc.
Does that clarify?
Alex
Customer: replied 1 year ago.
So, has my solicitor made an error?
Expert:  Ash replied 1 year ago.
It does not help and potentially any claim against you, you could counter claim against the Solicitor.
Its not an ideal clause.
Alex
Customer: replied 1 year ago.
Thanks
Expert:  Ash replied 1 year ago.
Good luck.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
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