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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I sold a flat I owned years ago. The present owner has contacted

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I sold a flat I owned years ago. The present owner has contacted me to say that the Local Authority have told him that they issued a Dangerous Buildings Notice to me before the sale of the property and any repairs are therefore still my responsibility. The problem is that I did not receive the Dangerous Building Notice because the Local Authority sent it to the wrong address in another town. I contend I'm not responsible because I did not receive the original Dangerous Building Notice; he should contact his Local Authority as they are at fault. Am I right? Do I still have to assume responsibility for a flat I owned and sold in good faith 6 years ago even though I did not receive this Dangerous Buildings Notice? The present owner contends that the date of the Dangerous Buildings notice pre dates the sale of the flat and that makes me liable for repairs even though I did not receive it. Who's right here?
Thank you for your question.

You are not liable. The missives you had with the purchaser will have long expired and there is now no longer any contractual relationship between the two of you.

The current occupier is responsible. The Notice has no effect on you unless they can establish that it was properly served and from what you say the local authority have served at a wrong address.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Thanks for the prompt response. Can you clarify how long `missives; last for before they `expire?' The purchaser says he notified his solicitor and mine a year after the purchase of my flat when he found out about the Dangerous Building Notice. Does this make any difference?

The missives will expire after the period provided for in the missives, typically one or two years. You'll have to check your own missives to see what they say.