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  • FIRST POST
    • rhubarb86
    • By rhubarb86 11th Sep 17, 11:54 AM
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    rhubarb86
    Vendor won't lower price but will pay for works?
    • #1
    • 11th Sep 17, 11:54 AM
    Vendor won't lower price but will pay for works? 11th Sep 17 at 11:54 AM
    Hi,
    We're first time buyers and we have found a property we would like to buy, it needs a lot of work though.
    We offered slightly under the asking price but the vendor wouldn't accept, however he said he will pay for a new boiler (of our choice) to be fitted if we come up to the asking price. He said the work would take place between exchange and completion.
    Has anyone been in a similar situation and did it work out ok? It just seems weird he won't drop the price but will pay money for work.
    Any advice would be greatly appreciated! Many thanks in advance
Page 1
    • WibblyGirly
    • By WibblyGirly 11th Sep 17, 11:56 AM
    • 200 Posts
    • 388 Thanks
    WibblyGirly
    • #2
    • 11th Sep 17, 11:56 AM
    • #2
    • 11th Sep 17, 11:56 AM
    You could exchange and then he doesn't replace the boiler. Then you'd be stuffed. I wouldn't agree to it, I'd rather choose my own boiler and person to fit it when I was in the house myself.
    • Lokolo
    • By Lokolo 11th Sep 17, 11:56 AM
    • 19,745 Posts
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    Lokolo
    • #3
    • 11th Sep 17, 11:56 AM
    • #3
    • 11th Sep 17, 11:56 AM
    Once you have exchanged he would have no obligation to carry out the works, nor to a good standard.

    Never in a million years.
    • LandyAndy
    • By LandyAndy 11th Sep 17, 12:00 PM
    • 23,839 Posts
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    LandyAndy
    • #4
    • 11th Sep 17, 12:00 PM
    • #4
    • 11th Sep 17, 12:00 PM
    As above. Don't agree to it.
    He might be fair and reasonable about it but ask yourself whether you'd rather have the same amount of money in your pocket with or without the hassle of a boiler installation as you were packing up.
    • G_M
    • By G_M 11th Sep 17, 12:06 PM
    • 41,100 Posts
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    G_M
    • #5
    • 11th Sep 17, 12:06 PM
    • #5
    • 11th Sep 17, 12:06 PM
    No.

    Or to explain in full - no.

    Counter-offer:

    * you send in your 3 gas enginneers for quotes and choose the one you like
    * you give the quote to the seller
    * the seller pays you the money (cash)
    * you exchange (but only on receipt of the money first)
    * you Complete
    * you instruct the engineer to do the work.

    See if he agrees....
    Last edited by G_M; 11-09-2017 at 12:08 PM.
    • AnotherJoe
    • By AnotherJoe 11th Sep 17, 1:27 PM
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    AnotherJoe
    • #6
    • 11th Sep 17, 1:27 PM
    • #6
    • 11th Sep 17, 1:27 PM
    Or a variation on the above from GM, seller pays the money over to your solicitor for safe keeping.

    It may be a dodgy seller, or it may be one with contacts who can get one fitted for much less than retail (which is why he wants to do it himself) , or a paranoid seller thinking you will pocket the money and not install a new boiler at all and resents that. Or maybe just an idjut who thinks a £200k house sale is worse than a £203k house sale where he spends an additional £3k.
    • gingercordial
    • By gingercordial 11th Sep 17, 2:44 PM
    • 990 Posts
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    gingercordial
    • #7
    • 11th Sep 17, 2:44 PM
    • #7
    • 11th Sep 17, 2:44 PM
    You'll also pay more stamp duty under his way of doing things because the price you have to declare you've paid for the house will be higher.

    If you're buying somewhere for £200,000 and it is £1,000 for the boiler, that £1,000 is charged at 2% so you'll pay £20 more in SDLT than if he'd knocked it off the house price. If you're buying at £300,000 then it is 5% so £50 extra cost. You could use that as a reason if you don't want to suggest he might try to get away with not doing the work.
    • teddysmum
    • By teddysmum 11th Sep 17, 2:48 PM
    • 8,234 Posts
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    teddysmum
    • #8
    • 11th Sep 17, 2:48 PM
    • #8
    • 11th Sep 17, 2:48 PM
    Would the boiler warranty pass to a new buyer ?
    • Cakeguts
    • By Cakeguts 11th Sep 17, 3:34 PM
    • 2,745 Posts
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    Cakeguts
    • #9
    • 11th Sep 17, 3:34 PM
    • #9
    • 11th Sep 17, 3:34 PM
    No. If he knows that the boiler needs replacing he should have done it before he put the house on the market.

    Forget this house and find another the vendor is being unreasonable. Find one that doesn't need money spent on it.
    • mark5
    • By mark5 11th Sep 17, 4:15 PM
    • 1,186 Posts
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    mark5
    It could be another reason such as he needs the asking price to get the required equity to move on etc while putting the boiler on a credit card which he will pay back later.
    • Crashy Time
    • By Crashy Time 11th Sep 17, 4:48 PM
    • 4,839 Posts
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    Crashy Time
    It could be another reason such as he needs the asking price to get the required equity to move on etc while putting the boiler on a credit card which he will pay back later.
    Originally posted by mark5

    If things are that tight he shouldn`t be moving house IMO, and there will probably be loads of other things he has neglected as well. Offer really low or walk away.
    • eddddy
    • By eddddy 11th Sep 17, 6:03 PM
    • 5,133 Posts
    • 4,787 Thanks
    eddddy
    You could exchange and then he doesn't replace the boiler. Then you'd be stuffed.
    Originally posted by WibblyGirly
    That's the wrong reason, because...

    ...You would make it a condition of the contract that the boiler is replaced. If it's not replaced, the seller is in breach of contract.


    Real reasons might be...
    • You would have no contract with the installer. If the boiler 'broke down' after a month because it was badly installed, you cannot make the installer fix it (or sue the installer).
    • The seller may be planning to put in a 'super-cheap', under-sized, budget boiler to save money


    Try to find out why the seller wants to do things this way. Once you know that, it may be easier to find a mutually acceptable solution.
    • phillw
    • By phillw 11th Sep 17, 6:26 PM
    • 827 Posts
    • 434 Thanks
    phillw
    ...You would make it a condition of the contract that the boiler is replaced. If it's not replaced, the seller is in breach of contract.
    Originally posted by eddddy
    It will cost you more to take action than it will cost to replace the boiler.

    People have been known to replace all the kitchen appliances, curtains etc after you viewed it. As long as it meets the inventory then you don't have a legal leg to stand on. Even if the vendor argued for a higher price because of all these nice shiny things in the house.

    "I've replaced the boiler, with an older model than was originally fitted". It's replaced right?
    Last edited by phillw; 11-09-2017 at 6:31 PM.
    • eddddy
    • By eddddy 12th Sep 17, 8:23 AM
    • 5,133 Posts
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    eddddy
    It will cost you more to take action than it will cost to replace the boiler.
    Originally posted by phillw
    Not really. Small claim court fees are here:
    https://www.gov.uk/make-court-claim-for-money/court-fees

    The fee can be added to your claim. You shouldn't need a solicitor


    "I've replaced the boiler, with an older model than was originally fitted". It's replaced right?
    Originally posted by phillw
    Ummm... I don't think a solicitor would draw up a contract that allowed the seller to do that.

    And in any case, I wouldn't enter into a contract that allowed that. Would you?

    Solicitors, the law and the house buying process are bit more sophisticated and robust than you suggest.

    But, as I say in my previous post, there are other more realistic issues.
    • rhubarb86
    • By rhubarb86 12th Sep 17, 10:01 AM
    • 2 Posts
    • 0 Thanks
    rhubarb86
    Thank you for all your helpful replies!

    My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!
    • eddddy
    • By eddddy 12th Sep 17, 10:39 AM
    • 5,133 Posts
    • 4,787 Thanks
    eddddy
    Thank you for all your helpful replies!

    My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!
    Originally posted by rhubarb86
    In that case, there's no problem.

    I assume your Dad would come back and sort out any problems. And I assume your Dad would register the boiler warranty in your name.

    So it just needs a very simple addition to the contract saying that the seller's solicitor will pay your Dad £x for the boiler installation on completion from the sale proceeds.

    In that case, I agree with your original question - it seems strange that the seller doesn't just reduce the price of the property instead.
    • G_M
    • By G_M 12th Sep 17, 12:36 PM
    • 41,100 Posts
    • 47,242 Thanks
    G_M
    Thank you for all your helpful replies!

    My Dad is a heating engineer and the vendor has agreed for my dad to pick the boiler and pay him to fit it so at least I can trust that the work will be completed properly. However, I'm still worried that once we have exchanged the work will not happen so I will follow your advice, thank you!
    Originally posted by rhubarb86
    Oh the work will happen. Your dad would not let you down.

    The question is, would your dad get paid........?

    Get the cost knocked off the purchase price.
    • martindow
    • By martindow 12th Sep 17, 7:49 PM
    • 7,172 Posts
    • 3,989 Thanks
    martindow
    Not really. Small claim court fees are here:
    https://www.gov.uk/make-court-claim-for-money/court-fees

    The fee can be added to your claim. You shouldn't need a solicitor
    Originally posted by eddddy
    "Winning" the case is very different to being paid and in some cases is just the start. Much better to go with other suggestions on this thread.
    • mark5
    • By mark5 13th Sep 17, 3:42 PM
    • 1,186 Posts
    • 801 Thanks
    mark5
    If things are that tight he shouldn`t be moving house IMO, and there will probably be loads of other things he has neglected as well. Offer really low or walk away.
    Originally posted by Crashy Time

    Life isn't always that straight forward though.
    • Crashy Time
    • By Crashy Time 14th Sep 17, 12:15 PM
    • 4,839 Posts
    • 2,107 Thanks
    Crashy Time
    Still say you should hold out for him to drop the price.
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