I sold my mothers house in January this year.
The buyer is now suing me for misrepresentation.
Immediately prior to completion,
the buyer noticed that there was a fault with the heating.
I offered to have it repaired but this was refused
and the buyer demanded £2000 off the purchase price which I declined
on the basis that the buyer had refused my offer to have it fixed.
I have now received court claim papers.
When i signed the property information form the heating was Ok and i stated this on the form.
The heating was later turned off for the summer.
As the purchase took almost a year,
I was asked later to confirm that the information form remained current
and I confirmed this as I was not aware of any changes.
There is no doubt that at completion there was a fault with the heating though when it stopped working is not known.
It was working when I signed the form but by completion it had stopped.
the buyer did not undertake any surveys.
I have tried to negotiate and I have offered £1000 in settlement without admitting liability, but this has been refused.
I attach the particulars of claim and my proposed response and I would welcome any comments.
Thank you.
response to claim form.pdf
Particulars of Claim.pdf