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    • firsttimebuyer2017
    • By firsttimebuyer2017 12th Jul 17, 12:02 PM
    • 12Posts
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    firsttimebuyer2017
    Conveyancing and surveys
    • #1
    • 12th Jul 17, 12:02 PM
    Conveyancing and surveys 12th Jul 17 at 12:02 PM
    Hi,

    Just a very quick question regarding conveyancing and the solicitor. Our survey was completed some time back now and when it arrived l sent a copy to our solicitor. He did not acknowledge it and when the issue of the heating being graded 3 was raised on the telephone he said l would have to sort that out with the agent. There were also several aspects graded 2.

    What level of guidance would a solicitor normally provide following receipt of the homebuyers report?

    Thanks in advance.
Page 1
    • DumbMuscle
    • By DumbMuscle 12th Jul 17, 12:09 PM
    • 196 Posts
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    DumbMuscle
    • #2
    • 12th Jul 17, 12:09 PM
    • #2
    • 12th Jul 17, 12:09 PM
    The solicitor is there to sort out the legal aspects. Unless the surveyor has highlighted areas where building control/planning permission would be required, the survey is irrelevant to the solicitor's job. You are free to negotiate with the seller based on the survey results.

    What was the actual issue with the heating or the other aspects? A grade of 3 could be "this is visibly damaged and on fire", or it could be "I cannot advise on this aspect as I am not a gas engineer, and so you would need to get someone else in to look if you want advice here". The former is worth worrying about, the latter is just the surveyor covering themselves.

    What has the surveyor valued the property as? If the valuation is the same as the asking price, then they consider it to be worth that price after taking into account the issues raised.
    • Surrey_EA
    • By Surrey_EA 12th Jul 17, 12:11 PM
    • 1,061 Posts
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    Surrey_EA
    • #3
    • 12th Jul 17, 12:11 PM
    • #3
    • 12th Jul 17, 12:11 PM
    It varies.

    There may well be advisory notes in the survey for the solicitor to confirm that any extensions/alterations/improvements have the relevant permissions and documentation.

    However, your solicitor is not a qualified surveyor, and is very unlikely to have seen the property.

    Your solicitor is there to advise on the legal aspects, your surveyor is there to advise on the condition of the building itself.
    • firsttimebuyer2017
    • By firsttimebuyer2017 12th Jul 17, 12:19 PM
    • 12 Posts
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    firsttimebuyer2017
    • #4
    • 12th Jul 17, 12:19 PM
    • #4
    • 12th Jul 17, 12:19 PM
    Thanks for clarifying. The survey reported the boiler as nearing the end of its life. The grade 2 were for issues such as loose roof slates and minor damp.

    The surveyor report did say that the issues may affect the final offer so l had assumed the areas identified would warrant a possible adjustment in our offer. The valuation did match our offer.
    • G_M
    • By G_M 12th Jul 17, 12:31 PM
    • 41,094 Posts
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    G_M
    • #5
    • 12th Jul 17, 12:31 PM
    • #5
    • 12th Jul 17, 12:31 PM
    Thanks for clarifying. The survey reported the boiler as nearing the end of its life. The grade 2 were for issues such as loose roof slates and minor damp.
    All these matters are of interest to you. They are not in any way of interest to your solicitor.

    If you wish to take action based on these isues (renegotiate price? send in a gas ngineer for a full boiler inspection? get a roofer to quote for loose slates? etc) then go ahead!

    The surveyor report did say that the issues may affect the final offer so l had assumed the areas identified would warrant a possible adjustment in our offer. The valuation did match our offer.
    Originally posted by firsttimebuyer2017
    Then renegotiate your offer. The seller might or might not agree.

    If/when a new price is agreed then inform your solicitor of the new price so he can approve the amended contract.
    • shortcrust
    • By shortcrust 12th Jul 17, 12:33 PM
    • 1,324 Posts
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    shortcrust
    • #6
    • 12th Jul 17, 12:33 PM
    • #6
    • 12th Jul 17, 12:33 PM
    Thanks for clarifying. The survey reported the boiler as nearing the end of its life. The grade 2 were for issues such as loose roof slates and minor damp.

    The surveyor report did say that the issues may affect the final offer so l had assumed the areas identified would warrant a possible adjustment in our offer. The valuation did match our offer.
    Originally posted by firsttimebuyer2017
    If I were selling those would probably fall into the 'you knew that when you made your offer category'.
    • AlexMac
    • By AlexMac 12th Jul 17, 12:40 PM
    • 1,891 Posts
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    AlexMac
    • #7
    • 12th Jul 17, 12:40 PM
    • #7
    • 12th Jul 17, 12:40 PM
    Those are such common (indeed, trivial) faults with any older building, that the vendor may feel you are being picky; or that they priced it to take account of the fact it's not a new build.

    It's up to you, rather than your solicitor, to decide whether to negotiate on price, and how big a discount you expect, and if you do, for you to put your suggestion to the owner, via the agent, although you could do it via your solicitor.

    It would help to have builders' estimates for the tiles and damp; these could be for a couple of hundred quid to a couple of £k depending on wheter the damp is just condensation or penetration from leaky gutters, etc, or "rising damp" caused by a failed DPC requiring internal plaster to be stripped back to the brick, re-rendered and renewed?

    The boiler is trickier; all boilers eventaully fail- I've replace one in every house I've ever owned- about six in the past 10 years, at a cost of £1.3k to £3k for an upmarket job to renew both boiler and a big cylinder. So the vendor may just say- "its working now; if it ain't broke, don't fix it". I assume your solicitor has asked the standard Qs about whether it's been serviced or is subject to a maintenance agreement?

    But no harm in trying for a bit off the price; depends how hard-nosed you are as a negotiator! Good luck
    • Lauralou79
    • By Lauralou79 12th Jul 17, 12:48 PM
    • 99 Posts
    • 66 Thanks
    Lauralou79
    • #8
    • 12th Jul 17, 12:48 PM
    • #8
    • 12th Jul 17, 12:48 PM
    We never involved the solicitor with our private survey. It picked up a few things nothing major but it's an old house, but valued at pretty much what we were paying. Didn't think we needed to renegotiate the price as they had already chose our over as a FTB over slightly higher ones.
    • firsttimebuyer2017
    • By firsttimebuyer2017 12th Jul 17, 2:32 PM
    • 12 Posts
    • 7 Thanks
    firsttimebuyer2017
    • #9
    • 12th Jul 17, 2:32 PM
    • #9
    • 12th Jul 17, 2:32 PM
    Hi everyone,

    This has helped a lot in focusing with the agent / vendor. I've put the case for s reduced offer to cover the boiler. See what comes back and then l can update the solicitor on any price adjustments.
    • jiggy2
    • By jiggy2 14th Jul 17, 12:41 PM
    • 382 Posts
    • 235 Thanks
    jiggy2
    If I were selling those would probably fall into the 'you knew that when you made your offer category'.
    Originally posted by shortcrust

    What would your view be on:


    The roof slopes to the front and left side and ground floor roofs are covered with an older tile. Many are loose, slipping or broken. I am of the opinion that the roof covering to the front and side and ground floor is approaching a time where it will be more cost effective to replace the whole covering than make many small repairs.


    (this is from a recent survey done on a property we are interested in). It is sort of similar to the boiler needing replacing in the OP's case. As a buyer would you renegotiate? As a seller would you say this is just wear and tear?


    Thanks
    • Guest101
    • By Guest101 14th Jul 17, 1:01 PM
    • 15,143 Posts
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    Guest101
    What would your view be on:


    The roof slopes to the front and left side and ground floor roofs are covered with an older tile. Many are loose, slipping or broken. I am of the opinion that the roof covering to the front and side and ground floor is approaching a time where it will be more cost effective to replace the whole covering than make many small repairs.


    (this is from a recent survey done on a property we are interested in). It is sort of similar to the boiler needing replacing in the OP's case. As a buyer would you renegotiate? As a seller would you say this is just wear and tear?


    Thanks
    Originally posted by jiggy2

    Neither, I'd ask a roofing company to take a look.
    • shortcrust
    • By shortcrust 14th Jul 17, 1:38 PM
    • 1,324 Posts
    • 1,726 Thanks
    shortcrust
    What would your view be on:


    The roof slopes to the front and left side and ground floor roofs are covered with an older tile. Many are loose, slipping or broken. I am of the opinion that the roof covering to the front and side and ground floor is approaching a time where it will be more cost effective to replace the whole covering than make many small repairs.


    (this is from a recent survey done on a property we are interested in). It is sort of similar to the boiler needing replacing in the OP's case. As a buyer would you renegotiate? As a seller would you say this is just wear and tear?


    Thanks
    Originally posted by jiggy2
    When I bought I only negotiated on surprises. It just doesn't seem like fair play to me to try to beat a price down using survey findings that you already know. For example, my survey came back saying the roof had some minor problems and was nearing the end of it's serviceable life. That's pretty standard text for original roofs on my type of house and I knew it was the original roof when I made my offer. Mine said there was damp in the basement. I'd already seen it. It said the wiring needed looking at, which again I'd already seen. So the question I'd ask is whether you knew the roof was a bit crumby when you made your offer or is this news?

    My approach was based on me really loving the property and buying from a seller who clearly didn't really want to sell (neighbours told me after I moved in that many of the many many delays to my purchase were down to my seller having 'wobbles'). If I'd been buying from someone who was desperate to sell, or buying a house with lots of acceptable alternatives I might have behaved less 'ethically'.

    Whatever you do, I'd get the roof looked at before you commit.
    • Rambosmum
    • By Rambosmum 14th Jul 17, 1:41 PM
    • 1,434 Posts
    • 1,886 Thanks
    Rambosmum
    What would your view be on:


    The roof slopes to the front and left side and ground floor roofs are covered with an older tile. Many are loose, slipping or broken. I am of the opinion that the roof covering to the front and side and ground floor is approaching a time where it will be more cost effective to replace the whole covering than make many small repairs.


    (this is from a recent survey done on a property we are interested in). It is sort of similar to the boiler needing replacing in the OP's case. As a buyer would you renegotiate? As a seller would you say this is just wear and tear?


    Thanks
    Originally posted by jiggy2
    I'd say you should have been able to see the slipped tiles yourself on viewing and adjusted your offer to reflect this if you felt the asking price was not reflective of the condition of the roof.
    • jiggy2
    • By jiggy2 14th Jul 17, 2:30 PM
    • 382 Posts
    • 235 Thanks
    jiggy2
    When I bought I only negotiated on surprises. It just doesn't seem like fair play to me to try to beat a price down using survey findings that you already know. For example, my survey came back saying the roof had some minor problems and was nearing the end of it's serviceable life. That's pretty standard text for original roofs on my type of house and I knew it was the original roof when I made my offer. Mine said there was damp in the basement. I'd already seen it. It said the wiring needed looking at, which again I'd already seen. So the question I'd ask is whether you knew the roof was a bit crumby when you made your offer or is this news?

    My approach was based on me really loving the property and buying from a seller who clearly didn't really want to sell (neighbours told me after I moved in that many of the many many delays to my purchase were down to my seller having 'wobbles'). If I'd been buying from someone who was desperate to sell, or buying a house with lots of acceptable alternatives I might have behaved less 'ethically'.

    Whatever you do, I'd get the roof looked at before you commit.
    Originally posted by shortcrust

    thanks all for responding. We will get a roofer in.


    Did I know the roof was crumbly - the answer would be no (probably very naïve of us - but most of the time at the viewings was spent inside and therefore hadn't picked up that there were tiles missing / broken / slipped or that the roof could be nearing end of its useful life - not that I would know what to look out for in any case)
    • G_M
    • By G_M 14th Jul 17, 7:07 PM
    • 41,094 Posts
    • 47,237 Thanks
    G_M
    ....most of the time at the viewings was spent inside and therefore hadn't picked up that there were tiles missing / broken / slipped or that the roof could be nearing end of its useful life - not that I would know what to look out for in any case)
    Originally posted by jiggy2
    Next time you view a property, spend 10 minutes outside before going in. And 10 mintes in the garden looking at the rear.

    Spotting missing /slipped tiles is really not rocket science!

    And ideally visit when it's raining - that way you can easily spot problems with guttering......
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