Flat Damaged Between Exchange And Completion

[DeludedAussie]

Hi

Does anyone know what happens if a flat is damaged between exchange and completion?

I am talking specifically about the boiler getting nicked or the carpet getting trashed - Is it the sellers responsibility or the buyers?

Has it happened to anyone on here before

[eek]

Hi

Does anyone know what happens if a flat is damaged between exchange and completion?

I am talking specifically about the boiler getting nicked or the carpet getting trashed - Is it the sellers responsibility or the buyers?

Has it happened to anyone on here before

I'm 99% sure its the buyers responsibility. Its remarkable, however, how few people know that once you have exchanged you need insurance on the new house not the old one.

[PAH]

I was under the impression that until you get the keys (i.e. on completion) then it's still the responsibility of the seller, and also that the state of the place should reflect what's been agreed in the contract (including what items will remain as part of the sale).

That would be logical as until then the seller can do what they like with the place (the sale can fall through right up to completion) and that's why everything should be in writing to prove what was agreed.

My parents recently sold their house with a knackered built-in oven and bathroom tiles that were sellotaped on (all the grout was knackered).

The buyer did have the opportunity to spot those problems at the viewings but I was expecting some comeback on the state of the place. Maybe the buyer is gutting it anyway so didn't really GAS.

[ASB]

After exchange it is the sellers responsibility to notify the damage. But, generally, the buyers responsibility to resolve the issues. The contract may stipulate the seller will rectify, or it may not. However if the damaged stuff is specifically listing in the contract then the seller may well be in breach of contract at the point of completion.

Were you advised to insure the property at the point of exchange? If not this may give the conveyancer some issues.

[SueEllen]

My parents recently sold their house with a knackered built-in oven and bathroom tiles that were sellotaped on (all the grout was knackered).

The buyer did have the opportunity to spot those problems at the viewings but I was expecting some comeback on the state of the place. Maybe the buyer is gutting it anyway so didn't really GAS.

The buyer has no legal comeback against your parents.

If their surveyor spotted it, or even if they spotted it on their many viewings, then the price of the house would have been lowered to compensate for the work that needed to done.

Most of what happens is boilers stop working or there are leaks.

With boilers you have no comeback unless you got the boiler checked and verified as working properly before you brought the property.

With leaks you cannot prove that the leak was caused by the sellers. So again no comeback.

In short "Caveat emptor".