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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27897
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently sold a residential rental property, London, none.

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I recently sold a residential rental property
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: none. This is my first port of call
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i will describe the issue in detail to the lawyer
Customer: replied 19 days ago.
I recently sold a residential rental property. ( a flat)
The selling agents were also my letting agents
24 hours before completion I was told that the adjacent flat had water damage from a leak thought to come from my property.
This had been reported some months before and I had instructed my letting agent to have it investigated and assumed this had been done. It transpired that it had in fact been overlooked.
As the agent knew, I was not able to delay completion because my co- vendor (my brother) was terminally ill and about to die, which he sadly did three days later.
On the agent’s advice I was forced to offer the purchaser a last minute price reduction of £5k to cover repairs. Whilst I said I thought the figure was excessive, I was put in a “take it or leave it” situation and was forced to agree, whereupon the sale was completed.
I contacted the agent after the event to complain that their negligent oversight had cost me a significant sum of money, and that whilst I accepted that the cost of repairs would be my responsibility, a figure of £2.5k would be more appropriate and that I was looking to them to compensate me in the sum of £2.5k.
Whilst accepting that their service had fallen below an acceptable level, they were not prepared to offer any compensation.
Do I have a legal case?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am very sorry to read of the above and please accept my condolences for the loss of your brother.

Are you able to kindly clarify whether at the point of your being forced to make the above decision you had already exchanged or whether exchange and completion had both yet to take place please?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide the following limited response. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms the starting point would beat ascertain whether the decision you faced was but to you after exchange of contracts are taken place but before completion or before exchange and completion. If you had already exchange contracts, then depending upon all the circumstances, the issue may have been one that failed to your buyer there equally, if the issue took place before exchange of contracts, it may have been that it should be disclosed to the buyer will leave you open to a potential claim for misrepresentation.

As regards ***** ***** of the agents liability, it is rather hard to comment on this without a more detailed knowledge of facts and circumstances. You need to be able to show that the agents were negligent which from what you say, I think would be perfectly possible but also that the loss you are seeking is a direct consequence of the agents negligence. As above, without a more detailed knowledge of the facts and circumstances, it is not possible for me to make any substantive determination in this respect. If you believe you have a claim as against the agent, you may consider raising said claim as a complaint and referring it to the property ombudsman of which the agent must be a member by law which has the power to independently determine your complaint and award damages where it finds in your favour

I hope the above is of help. If there is anything else I can help with please reply back to me.

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