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  • FIRST POST
    • mgxeab
    • By mgxeab 19th May 17, 9:27 PM
    • 13Posts
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    mgxeab
    Buying and want to place a condition for seller
    • #1
    • 19th May 17, 9:27 PM
    Buying and want to place a condition for seller 19th May 17 at 9:27 PM
    I am in process of buying a property. Contracts have not yet exchanged and completion has not yet commenced. Deposit has been paid to the solicitor but we are currently completing one condition set by the lender.

    I have been busy undertaking 2 surveys (arboricultural and structural surveys) on the property in relation to a tree nearby the property. I also have a quote for the felling of the tree in question. All is going fine and there is no cause for concern from the surveys except the tree is decaying and needs to come down. Mortgage condition is that the tree needs to come down within 3 months of completion.

    My question here is that should I go to my solicitors and request that the seller reimburses for the costs of the surveys and tree felling? The seller has been unusually quiet during this whole period and I suspect is aware of the historic situation of this tree.

    As we haven't exchanged contracts yet maybe this is the time to request this? The total cost is actually only just over 1k. And the seller stands to make around 80k in profit from this sale.

    Thanks in advance
Page 1
    • parking_question_chap
    • By parking_question_chap 19th May 17, 9:31 PM
    • 1,064 Posts
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    parking_question_chap
    • #2
    • 19th May 17, 9:31 PM
    • #2
    • 19th May 17, 9:31 PM
    Its a condition of your lender, why should the seller foot the bill?

    The profit they stand to make is neither here nor there.
    • gettingtheresometime
    • By gettingtheresometime 19th May 17, 9:42 PM
    • 2,215 Posts
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    gettingtheresometime
    • #3
    • 19th May 17, 9:42 PM
    • #3
    • 19th May 17, 9:42 PM
    What communication would you like?

    Unless you suggest a reduction in the price of the purchase why would they even think you'd want one? They aren't mind readers.

    I wouldn't even mention the profit that they are 'making' - that truly isn't any of your business
    Lloyds OD / Natwest OD / PO CC cleared thanks to the 1 debt v 100 day challenge
    • rjwr
    • By rjwr 19th May 17, 10:01 PM
    • 197 Posts
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    rjwr
    • #4
    • 19th May 17, 10:01 PM
    • #4
    • 19th May 17, 10:01 PM
    risky move this, but if you want to bully them into parting with 1000, wait until just before the point of no return and renegotiate the price.

    you may lose the property doing this
    My DFD: http://forums.moneysavingexpert.com/showthread.php?t=5641837
    DEBT: Mortgage: 115,732: Car PCP: 11,995: Guitar: 917
    • AnotherJoe
    • By AnotherJoe 19th May 17, 10:10 PM
    • 6,295 Posts
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    AnotherJoe
    • #5
    • 19th May 17, 10:10 PM
    • #5
    • 19th May 17, 10:10 PM

    As we haven't exchanged contracts yet maybe this is the time to request this? The total cost is actually only just over 1k. And the seller stands to make around 80k in profit from this sale.
    Originally posted by mgxeab
    Well, demand 20k off the price then, 80k is outrageous, they should be happy with 60k. Or perhaps a 50/50 split would be fairer?

    And when you come to sell, no doubt you'll be happy to pony up any old amounts your buyers can think of because of the "profit" you've made (never mind the fact that if you are buying a more expensive house, then thats gone up in proportion more than the 80k so you need every penny of it.)
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 19th May 17, 10:19 PM
    • 6,413 Posts
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    atrixblue.-MFR-.
    • #6
    • 19th May 17, 10:19 PM
    • #6
    • 19th May 17, 10:19 PM
    The Vendor may be aware of the tree issue they may not, this is what surveys are for as you as a seller are fully informed prior to sale as to conditions of grounds and buildings, As a vendor surely the results of the surveys should be noted and the vendor should be open to negotiating those results with the buyer.


    Looking at it from a Vendors point of view if I am to make 80k on this sale, 1k isn't going to break the bank to get a decayed tree felled as part of a sale.


    I think it would be reasonable to negotiate this tree felling in a reasonable way even meeting costs of 50/50 if the vendor don't want to fit the bill.
    At the end of the day, If you pull out over a tree then the next person could potentially do the same if the tree comes up in other surveys, and likewise if the vendor refuses sale due to your request for a full or partial cost of tree felling the vendor could be in this situation with another buyer in future and prolong a sale.


    All you can do is ask the question to your solicitor to ask theirs "Can they organise the tree to be felled and at their cost prior to or part of the sale due to the decay picked up on the survey yes or no".
    I make spelling mistakes, its not intentional, its a condition I have please afford people who have these conditions some respect and not single out their posts for correcting mistakes.
    • Cakeguts
    • By Cakeguts 19th May 17, 11:21 PM
    • 2,297 Posts
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    Cakeguts
    • #7
    • 19th May 17, 11:21 PM
    • #7
    • 19th May 17, 11:21 PM
    Has anyone checked to see if this tree has a preservation order on it?
    • Davesnave
    • By Davesnave 19th May 17, 11:33 PM
    • 22,133 Posts
    • 86,508 Thanks
    Davesnave
    • #8
    • 19th May 17, 11:33 PM
    • #8
    • 19th May 17, 11:33 PM
    .

    I have been busy undertaking 2 surveys (arboricultural and structural surveys) on the property
    My question here is that should I go to my solicitors and request that the seller reimburses for the costs of the surveys and tree felling?

    And the seller stands to make around 80k in profit from this sale.

    Thanks in advance
    Originally posted by mgxeab
    The surveys are yours, not theirs, and they've revealed a small issue which I'd not trouble the seller over myself, but others might negotiate on the felling, which seems remarkably cheap. It's all small stuff, though.

    Is there really nothing else of concern? If not, I'd consider to have done well.

    I don't see how you can estimate the vendor's profit, which isn't the same thing as the last seliing price and the price now, which is house price inflation. Presumably, if the seller is buying again, they'll be affected by that the same as you.
    Working subliminally.
    • G_M
    • By G_M 21st May 17, 2:18 PM
    • 39,261 Posts
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    G_M
    • #9
    • 21st May 17, 2:18 PM
    • #9
    • 21st May 17, 2:18 PM
    Are you always this rude? this outburst is totally uncalled for IMHO.
    Originally posted by atrixblue.-MFR-.
    No. Read my post history. It's very rare.

    But occassionally someone asks a question that seems so obvious, or so petty, or so money-grubbing, or insensitive, or mean, or .... whatever, that my advice is given somewhat abruptly.


    (not saying your question was all the above!)
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 21st May 17, 5:13 PM
    • 6,413 Posts
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    atrixblue.-MFR-.
    No. Read my post history. It's very rare.

    But occassionally someone asks a question that seems so obvious, or so petty, or so money-grubbing, or insensitive, or mean, or .... whatever, that my advice is given somewhat abruptly.


    (not saying your question was all the above!)
    Originally posted by G_M
    As you know buying a home is stressful in its own right, I think the op is being reasonable, especially if the tree is decayed to the point of potential danger of collapse the mortgage co seems to think its a priority. I don't think the quote they have been given is too high either to negotiate with the seller either regardless of what amount of profit they are to gain from the sale, People negotiate over leaning walls that are in danger of collapse all the time as part of the sale, I see a tree as no different tbh.


    As a seasoned member of MSE aren't we supposed to lead by example and not fly off the deep end over what I would call a reasonable question the op asked.
    I make spelling mistakes, its not intentional, its a condition I have please afford people who have these conditions some respect and not single out their posts for correcting mistakes.
    • parking_question_chap
    • By parking_question_chap 21st May 17, 5:47 PM
    • 1,064 Posts
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    parking_question_chap
    As you know buying a home is stressful in its own right, I think the op is being reasonable, especially if the tree is decayed to the point of potential danger of collapse the mortgage co seems to think its a priority. I don't think the quote they have been given is too high either to negotiate with the seller
    Originally posted by atrixblue.-MFR-.
    I dont really understand what its got to do with the seller.

    The sooner they can get moved in the sooner they can chop it down.
    • phill99
    • By phill99 21st May 17, 5:51 PM
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    phill99
    Are you always this rude? this outburst is totally uncalled for IMHO.
    Originally posted by atrixblue.-MFR-.


    I would reiterate what G_M has said.
    G_M is a constant contributor to this forum and has a very extensive knowledge which is imparted quite freely and well received.


    Occasionally someone asks a really stupid question, to which a bold, forthright and truthful answer is necessary.


    "The truth often offends".


    The surveys undertaken by a purchaser are part of the process of due diligence. You have a choice whether to undertake due diligence or not. But at no point can you ask the vendor to pay for your due diligence.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
    • ComicGeek
    • By ComicGeek 21st May 17, 5:58 PM
    • 102 Posts
    • 59 Thanks
    ComicGeek
    I would be saying the same thing as G_M if I was the vendor - their mortgage issue, their cost. It's the OP's mention of the perceived vendor's profit that is galling, and absolutely none of their business.
    • fairleads
    • By fairleads 21st May 17, 7:11 PM
    • 579 Posts
    • 148 Thanks
    fairleads

    My question here is that should I go to my solicitors and request that the seller reimburses for the costs of the surveys and tree felling?
    Originally posted by mgxeab
    No, you should go back to your solicitor and tell them to tell the owner the removal of the tree is for their account and is a condition of the sale.
    • fairleads
    • By fairleads 21st May 17, 7:16 PM
    • 579 Posts
    • 148 Thanks
    fairleads
    Occasionally someone asks a really stupid question, to which a bold, forthright and truthful answer is necessary.

    The surveys undertaken by a purchaser are part of the process of due diligence. You have a choice whether to undertake due diligence or not. But at no point can you ask the vendor to pay for your due diligence.
    Originally posted by phill99
    No such thing as a stupid question, only a stupid answer - the op is asking the vendor to pay for removal of the tree and, there is no harm in including some or all of the cost of due diligence.
    Last edited by fairleads; 21-05-2017 at 7:21 PM.
    • phill99
    • By phill99 22nd May 17, 8:31 PM
    • 7,795 Posts
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    phill99
    No such thing as a stupid question, only a stupid answer - the op is asking the vendor to pay for removal of the tree and, there is no harm in including some or all of the cost of due diligence.
    Originally posted by fairleads


    Absolute rubbish. Due diligence is at the expense of the purchaser. If due diligence was expected to be paid for by the vendor, then purchasers would be sending them the bills for bank valuations and structural surveys.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
    • csgohan4
    • By csgohan4 22nd May 17, 8:48 PM
    • 3,370 Posts
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    csgohan4
    No such thing as a stupid question, only a stupid answer - the op is asking the vendor to pay for removal of the tree and, there is no harm in including some or all of the cost of due diligence.
    Originally posted by fairleads


    If you as a buyer asked me to pay for your survey and the cost to rectify any findings, I would tell you to Foxtrot Oscar. Buyer beware
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • n217970
    • By n217970 22nd May 17, 9:40 PM
    • 63 Posts
    • 45 Thanks
    n217970
    1k to fell a tree? I'm in the wrong business....

    Personally, knowing you had invested time and money into surveys, fees and the like, if I were the seller I would also tell you to do one.
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 22nd May 17, 10:00 PM
    • 6,413 Posts
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    atrixblue.-MFR-.
    I would reiterate what G_M has said.
    G_M is a constant contributor to this forum and has a very extensive knowledge which is imparted quite freely and well received.


    Occasionally someone asks a really stupid question, to which a bold, forthright and truthful answer is necessary.


    "The truth often offends".


    The surveys undertaken by a purchaser are part of the process of due diligence. You have a choice whether to undertake due diligence or not. But at no point can you ask the vendor to pay for your due diligence.
    Originally posted by phill99
    so am I right in saying you can be as rude as you want as long your telling the truth?


    or am I right in thinking that seasoned members should be patient with newcomers? isn't there a rule about being rude (even if your stating the truth) even to the point of "there is no such thing as a silly question!"


    anyway its just re-enforced and reminded me why I didn't bother coming on MSE for the last 8months the rudeness and bullying is on another scale compared to other sites I frequent.
    I make spelling mistakes, its not intentional, its a condition I have please afford people who have these conditions some respect and not single out their posts for correcting mistakes.
    • csgohan4
    • By csgohan4 22nd May 17, 11:05 PM
    • 3,370 Posts
    • 2,078 Thanks
    csgohan4
    Patience and telling what reality is are very different things. We have seen New posters, no matter how much we tell them the same thing, they still ignore and want to hear what the want.




    This is not mumsnet, this is site which gives generally straight answers without the sugar and most people appreciate it. Not beating round the bush and leading them to do stupid things
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
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