- This topic has 2 replies, 3 voices, and was last updated 6 years, 1 month ago by .
-
Topic
-
Hi All
I am currently in the process of selling my unit which has hard flooring in (installed in 2005). I only listed it last week.
Today I received an email from Fair Trading stating that my neighbour from underneath wants to take me to mediation for noise issues relating to the flooring with the tentative mediation date set conveniently for right before the auction.
She has raised this issue with me before and I had undertaken to try and sort out her issue. I laid thick rugs down and then I never heard from her for 4 months and so I thought the rugs had sorted out her issue.
Now while I am in the selling process she has contacted Fair Trading without coming to me directly to respond.
I just wanted to know if anyone is aware of the implications of this if I exchange contracts before the mediation and what my rights are in this instance.
Thanks
-
Replies
-
If you are using a solicitor for the sale of your Lot then check with them. You don’t want any future contract to ‘fall over’ due to an oversight in completing the sale contract details.
You may need to disclose the existence of the mediation issue as it is a matter that affects the property and could result in significant cost and inconvenience to the purchaser. This type of issue is not easily discoverable during the purchaser’s due diligence process.
The purchaser may be able to rescind the contract if the mediation was not disclosed by you, the seller. The purchaser could argue that they would not have entered into the contract had they had prior knowledge of the mediation.
I can understand why your neighbour may have made application for mediation regarding the flooring. They may not want to have to deal with the purchaser who comes in and says “not my problem, I bought it like that so it must be ok”
It is possible that this matter could upset the sale of your property.
What you may want to do is to look at more permanent solutions for treating your floor to prevent noise affecting your neighbour.
- You must be logged in to reply to this topic.