What Happens If There Is a Dispute After Completion (e.g. Damage, Missing Items)?

Although ownership transfers at completion, buyers still have legal rights if the seller has breached the contract or failed to leave the property in the condition agreed. Here’s what you need to know if a post-completion dispute arises.

What Counts as a Post-Completion Dispute?

These disputes usually involve the condition or contents of the property. Common issues include:

• Damage found after the seller vacated - broken windows, fittings, or water leaks
• Items removed that were listed as included in the sale
• Fixtures swapped for cheaper alternatives before handing over keys
• Piles of waste or unwanted furniture left behind
• Undisclosed issues or concealed defects such as mould or holes hidden behind furniture

If the condition of the property is noticeably different from what was agreed in the contract or fixtures and fittings list, the buyer may have a claim.

What Does the Contract Require?

In the UK, the Standard Conditions of Sale state that the property should be left:

• In the same condition as when contracts were exchanged
• Free from rubbish and debris
• With all items included in the sale still present

Your solicitor should have a signed TA10 Fixtures and Fittings Form which specifies exactly what must be left behind - from kitchen appliances to curtain poles.

What Should You Do First?

If you discover a problem, act quickly:

1. Photograph and document everything immediately
2. Contact your solicitor straight away with full details
3. Provide copies of the contract and fixtures list to support your position

Do not attempt major repairs or disposal before taking evidence - it could weaken your claim.

Is the Estate Agent Responsible?

Once contracts are exchanged, the dispute becomes a legal matter between buyer and seller. Estate agents can support communication but responsibility lies with the solicitors.

What Outcomes Are Possible?

Depending on the severity of the issue, solutions can include:

• Compensation negotiated between solicitors
• The seller paying for repairs or replacements
• Retention - where some sale funds remain held until the issue is fixed
• Mediation to reach a mutual settlement

Most cases are resolved quickly without court involvement.

What If the Seller Refuses to Pay?

If negotiations fail, options include:

• Formal legal action for breach of contract
• Small claims court for lower-value disputes
• Surveyor reports to support claims relating to structural damage

Legal costs should be considered carefully before escalating a complaint.

How to Avoid a Post-Completion Dispute

Prevention is always best. Buyers can reduce risk by:

• Arranging a final walkthrough (pre-completion inspection)
• Taking photographs during viewings for comparison
• Clarifying all inclusions in writing
• Asking for meter readings and proof of appliance removal

If major work has been done before completion, a fresh survey may also be advisable.

Will Your Home Insurance Help?

Buyers become responsible for home insurance from exchange. However, insurance does not typically cover:

• Damage caused by the seller during move-out
• Missing fixtures or appliances

These remain legal matters - not insurance claims.

Key Takeaways

• Buyers have strong legal protection if the seller breaches the contract
• Document issues immediately and contact your solicitor without delay
• Most disputes are resolved through negotiation and compensation
• Good communication and clear contracts help avoid problems entirely

Disclaimer: This article provides general guidance and should not be taken as legal advice. Always speak to a qualified conveyancing professional for advice on specific cases.