Can a property purchaser sue a previous managing agent?
Hello everyone, We let and managed a property for which we found and installed tenants.
The landlord subsequently sold the property through a different agent and the purchasers have now issued a county court summons citing the vendor as the 1st defendant and ourselves as the 2nd defendant based on a fault in the heating system.
We became aware of the fault and tried to get it fixed but the landlord then took this job away from us (based on cost) and tried to fix it (unsatisfactorily) himself.
We never had a contractual relationship with the property purchasers (never heard of them until now) so does privity of contract apply i.e. they can’t sue us as there was never a contract between us and them?
Many thanks
Jonathan
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Member Since November 2022 - Comments: 120
11:02 AM, 7th February 2025, About 1 year ago
No one can simply “sue” someone else. The claimant (purchaser) needs to set out fully the basis of their claim, eg is it in contract, tort (commonly negligence), breach of statutory duty or whatever? They also need to set out the facts which they allegedly constitute the various elements of the “wrong”. If all you’ve had so far is a claim form, this detail should be in the separate Particulars of Claim. It may be that this claim against you is hopelessly misconceived, or it may not. You should take proper legal advice once you have full details of the claim.
Member Since November 2022 - Comments: 120
11:06 AM, 7th February 2025, About 1 year ago
No one can simply “sue” someone else. The claimant (purchaser) needs to set out fully the basis of their claim, eg is it in contract, tort (commonly negligence), breach of statutory duty or whatever? They also need to set out the facts which they allege constitute the various elements of the “wrong”. If all you’ve had so far is a claim form, this detail should be in the separate Particulars of Claim. It may be that this claim against you is hopelessly misconceived, or it may not. You should take proper legal advice once you have full details of the claim.
Member Since January 2024 - Comments: 341
11:25 AM, 7th February 2025, About 1 year ago
You were only agent for the owner, and the owner had already taken the repair away from you, so it seems improbable that you would be liable.
Having said that, the law is an ass.
Member Since July 2023 - Comments: 41
1:09 PM, 7th February 2025, About 1 year ago
Reply to the comment left by Ryan Stevens at 07/02/2025 – 11:25
I was trying to press the like button but may have pressed report comment by mistake. Apologies if anything is said.
Member Since January 2015 - Comments: 1435 - Articles: 1
9:46 AM, 8th February 2025, About 1 year ago
Hardly likely as you were not the Letting Agent at the time of sale.
You have/should have Professional Liability insurance. I would be asking them
Member Since December 2021 - Comments: 161
11:34 PM, 8th February 2025, About 1 year ago
You were the managing agent and attempted the arrange the repair, so I guess there is a link there.
Did the vendor change managing agents prior to sale, or appoint an estate agent to sell it while you remained managing agent?
What is the value of the repair?
Not suggesting there is a liability, just trying to work out the angle they are playing.
Don’t forget, you already have the advantage by being the defendant.
Log the time and expenses used and claim costs.