Any come back

D3V!L

We just closed on a house last thing on Friday evening. Our solicitor suggested doing one final walk through to make sure any points we raised about the property were fixed.

Conveniently the keys were in the solicitors office out of reach for the estate agent so we couldn't do it and were pushed for time as we're also leaving a rental property.

When we got to the house we found two major things hadn't been fixed, the patio door leading to the garden which is stuck (we can't get into the back garden) and two large fence panels are broken or missing. These were like this since the house was on show initially and we were told by email that it was fixed.

I have spoken to the estate agent and emailed a follow up and heard nothing back. Do we have any legal recourse ?

happyfriday74

Not much comeback at all I would think now the sale is closed

Fol20

Talk to your solicitor and potentiall ask your solicitor to make contact with the sellers.

Was the email between you and ea or between the solicitors?

_Brian

Would you have needed the keys to see the fence panels missing ?

D3V!L

_Brian wrote: »

Would you have needed the keys to see the fence panels missing ?

Yes, only noticeable when in the house.

theteal

I wouldn't think you've much of a comeback, not a cost effective one at least. I wouldn't be happy but we may as well look to solutions.

Are they the fence panels that slot between concrete posts? If so, they start at about £20 each over here, not sure of Irish prices, they'll need to be swapped at some stage anyway.

Patio door stuck? Slidey type? Can it be lifted out to see what's wrong? Broken wheels? Grit/dirt on the track?

BrokenArrows

The fence panels are very cheap to replace. Forget about that.

As ford the patio door they can be very expensive depending on whats wrong.

It might just be a jammed lock which is relatievly cheap. However if the door needs replacing then it might cost 1k or more depending on the type of patio door. If its a wide PVC door etc.

Find out whats wrong and if its worth your hassle to try and claim back off the seller.

D3V!L

Thanks guys, I think we may have to just take the hit.

happyfriday74

Both are small items to fix and probably cheaper than sending a solicitors letter that ultimately will be unlikely to be very successful.

handlemaster

D3V!L wrote: »

Thanks guys, I think we may have to just take the hit.

take that hit , come on its hardly the roof falling in, you will realise as a home owner this will just be the start of the bills , best to forget about it.

Tomw86

If you have it in writing I would ask your Solicitor for advice - surely it's part of the contract then as an appendix item?

The panels I wouldn't worry about, would actually consider changing them all if there isn't loads.

The door I would pursue if it is going to be expensive.

You'd be surprised what some bad reviews for an estate agent will do, especially if they are a local one.

Tiddlypeeps

Tomw86 wrote: »

If you have it in writing I would ask your Solicitor for advice - surely it's part of the contract then as an appendix item?

The panels I wouldn't worry about, would actually consider changing them all if there isn't loads.

The door I would pursue if it is going to be expensive.

You'd be surprised what some bad reviews for an estate agent will do, especially if they are a local one.

This is why a final inspection is important before closing. If anything that was agreed upon has not been done then the buyer can refuse to close until it's dealt with, this is obviously a significant motivator for the seller.

If it's left till afterwards to pursue the issue then all you can really do is sue the seller which in most cases would be more expensive than it's worth. You can apply pressure with a solicitors letter and what not and hope the seller does right, but if they refuse to engage (which it sounds like is the case here) than you have to weigh up if it's really worth the expense and heart ache of chasing it up further.

Tomw86

Tiddlypeeps wrote: »

This is why a final inspection is important before closing. If anything that was agreed upon has not been done then the buyer can refuse to close until it's dealt with, this is obviously a significant motivator for the seller.

If it's left till afterwards to pursue the issue then all you can really do is sue the seller which in most cases would be more expensive than it's worth. You can apply pressure with a solicitors letter and what not and hope the seller does right, but if they refuse to engage (which it sounds like is the case here) than you have to weigh up if it's really worth the expense and heart ache of chasing it up further.

if its a local estate agent, as is common, a social media post, online review and word of mouth could be very damaging.....

D3V!L

Tomw86 wrote: »

if its a local estate agent, as is common, a social media post, online review and word of mouth could be very damaging.....

Yes it is and could they not just blame the vendor ?

Tomw86

D3V!L wrote: »

Yes it is and could they not just blame the vendor ?

They could, but they have a duty of care to the buyer as well as the seller.

The vendor was their client, so they need to do their utmost to resolve the issue.

daheff

D3V!L wrote: »

These were like this since the house was on show initially and we were told by email that it was fixed.

I have spoken to the estate agent and emailed a follow up and heard nothing back. Do we have any legal recourse ?

I would think if the EA sent you an email confirming these were fixed that you would have some recourse as you relied on this confirmation from a professional that these were done.

On the EA's side it was at best reckless to say this and at worst deliberate fraud to entice you to complete your side of the sale.

Definitely don't leave this stand

Toots

Was it the estate agent who told you by email that the door and fence were fixed?

daheff

Tomw86 wrote: »

They could, but they have a duty of care to the buyer as well as the seller.

The vendor was their client, so they need to do their utmost to resolve the issue.

and a duty of care to ensure any information they provide is factual.


OP-you could also make a complaint about them to their industry body (might not do much for you but would make them at least sit up be on notice not to do it again).

D3V!L

Toots wrote: »

Was it the estate agent who told you by email that the door and fence were fixed?

Yes