Property Damaged Before Completion: What Buyers and Sellers Should Do
If a property is damaged between viewing and completion, document the issue and tell your conveyancer promptly. The seller should also notify their conveyancer of relevant changes to information already supplied. Responsibility and possible remedies depend on the sale contract, timing of exchange and applicable insurance—not a universal rule.
Key takeaways
- Record damage with dated photographs and identify when it occurred.
- Contact the conveyancer first; also inform the estate agent where relevant.
- Check who carries property risk under the contract and who must arrange insurance.
What counts as a material change?
Examples include a new leak, broken boiler, significant water damage, a damaged window, missing agreed appliance or new structural concern. Not every scratch triggers a legal claim, but potentially significant damage should not be concealed.
The practical test is whether the new information could affect the transaction, agreed condition, insurance position or a buyer’s willingness to complete.
What should the buyer do?
- Photograph the condition and record when you discovered it.
- Send concise evidence and questions to your conveyancer.
- Ask what the sale contract and your buildings insurance say about the risk.
- Do not unilaterally reduce the purchase price or delay completion without advice.
- Where appropriate, request inspection or written agreement on repairs before completion.
What should the seller do?
- Tell your conveyancer promptly about material damage or a previously inaccurate response.
- Keep repair estimates, invoices, photographs and insurance correspondence.
- Do not remove or swap agreed fixtures without the other party’s agreement through solicitors.
- Ask your conveyancer how any repair, allowance or variation should be documented.
Does it matter whether contracts have exchanged?
Yes. Exchange creates binding contractual obligations. The allocation of risk and responsibility for insurance can vary with the standard conditions, special conditions and policy. Some buyers must arrange buildings insurance from exchange. Ask the professional advising on your specific transaction.
An estate agent can help communication, but should not replace the conveyancer for legal advice.
What if you discover damage on the moving day?
Before positioning heavy furniture, take photographs so damage is not confused with removal-related marks. Tell your solicitor or conveyancer promptly about significant discrepancies with the agreed condition, and separately raise any concern about moving damage with the removal company.
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