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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi There, I am trying to sell my flat in london however I am

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Hi There, I am trying to sell my flat in london however I am in the midst of a dispute with the person who owns the flat below mine. I need to pay for damages caused by a water leak. This obviously isn't a problem, however they are threatening litigation action to stop the sale going through until they get the money (W are talking about £900). I do not want to pay them until the sale complete as I feel that they will continue to create obstructions to impede the sale (my reason for thinking this is that they wanted to buy the flat but could not meet the asking price). What I want to do is get then to sign or agree to a contract that states 'money will be paid once sale of flat is final, however if you try an impede the sale by any means then you will be liable for all costs as well as the sale of the flat'. Basically I want to ensure that they dont impede impede the sale in anyway as they will be liable for the full cost of the flat plus costs. Is this legally ok or am I wasting my time?

What stage have you reached in the sale please, have you exchanged contracts?
Customer: replied 4 years ago.



No not exchanged contracts yet





Hi Sam,

Have you disclosed the dispute to the Buyer?

What is their position on it?

Customer: replied 4 years ago.

Hi Tom


No I have not disclosed the dispute to the buyer. However I have told them about the leaks and the damage caused to the flat below and that the pipes are 'now good in working order'.


Should I disclose the dispute to the buyer?





Hi Sam

Thanks for your patience.

Yes, you shoudl disclose the leak to the Buyer. The property information forms contain a question asking whether you are in dispute with your neighbours. If you have confirmed that you have not then at the moment this is effectively misrepresentation which would give the Buyer the right to sue you in the future if you do not now disclose it.

Once you have disclosed it whether or not it impeded the sale depends entirely on the Buyer. If they don’t have a problem then the neighbour cannot easily prevent the sale because it’s simply a private sale between you and another. I expect that the threat of litigation is a bluff.

I doubt highly that a contract which states that they will be liable for all costs if they impede the sale would actually be enforceable, but you are free to agree with the neighbour about when you pay the money, For example a contract between you and them confiming that the monies would be paid directly out of the sale proceeds would be entirely enforceable against you and so should provide some assurance to the neighbour and get them to drop their threats.

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Kind regards,

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