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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Two weeks ago I sold my house and moved to Ireland. Last week

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Two weeks ago I sold my house and moved to Ireland. Last week I received a letter (via my conveyancer) from the buyers solicitor threatening legal action for a) the cleanliness of the house at completion b) claiming costs of removing white goods that were listed the Fixtures Fittings & Contents form c) costs of removing a small number of rubbish bags that the buyer had told me verbally before completion that he would take care of.
In the communication there was an implication that the property was mis-represented (had changed or deteriorated since their viewing of it in November.)
I have offered to settle what the buyer was asking for (£300) to cover his cleaning costs on condition that he withdraw any allegations; that he just ask me for money.
My question is, what am I at risk of here? How might this escalate? Given that I am no longer UK resident (and I firmly believe I have done nothing wrong) should I just ignore any further correspondence?
Hi,Thanks for your enquiry.If these issues can't be resolved by your Buyer accepting £300, the only option he would have is to issue small claims County Court proceedings against you. Notwithstanding the hassle this would cause him, there is of course no guarantee that he would succeed and to enable him to issue any such proceedings, he would need your current address, which he may not have.Usually, therefore, a Buyer would accept any reasonable offer from a Seller in such circumstances.As regards ***** ***** your Buyer has raised-a) there is no legal onus on you to have cleaned the property.b) he would have a claim if you said you were going t remove these items.c) you have a valid defence to this, as it was orally agreed between the 2 of you.As regards ***** ***** condition of the property, you are only under a duty to have sold the property in the same condition as it was when Contracts were exchanged. I'm not sure when this was, but is likely to have been only a short time before completion. I therefore think you have been more than reasonable in your offer, and unless your Buyer has a personal vendetta against you, I would be very surprised if he took the matter further via the Court!I hope this assists and puts your mind somewhat at rest.Kind RegardsAl
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