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    • deuteronomy
    • By deuteronomy 13th Jul 17, 10:00 PM
    • 16Posts
    • 3Thanks
    deuteronomy
    Trying to buy but solicitor keeps finding roadblocks
    • #1
    • 13th Jul 17, 10:00 PM
    Trying to buy but solicitor keeps finding roadblocks 13th Jul 17 at 10:00 PM
    I have a house purchase saga that has been going on near 100 days since the offer was accepted.

    It's a nice 1930's semi (modernised), buying with a mortgage, I sold my previous house a few months ago and am living with my parents. (who are a nightmare!)

    I have already been advised by my solicitor to get an indemnity policy (£29) for the new boiler and windows which have been replaced, I have the paperwork for the boiler and only a receipt for the windows, no FENSA guff, but dont care as they will be replaced as they are leaded! (yuk)

    Now my solicitor is concerned the fact that it has been modernised (new ceilings new french doors, bathroom etc) but not sure what she needs to redress (her words) with the buyer as he has already stated he has no approval or documentation etc for the works, and to be honest I dont give 2 hoots if they are approved or not, the quality looks good to me and if it was dodgy it would have fell down/shown by now.

    Are my solictors doing this for my benefit or the mortguage company (first direct), what can I do to get this sale completed?
Page 1
    • gettingtheresometime
    • By gettingtheresometime 13th Jul 17, 10:48 PM
    • 3,050 Posts
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    gettingtheresometime
    • #2
    • 13th Jul 17, 10:48 PM
    • #2
    • 13th Jul 17, 10:48 PM
    Do you want her to do her job properly or not?
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    • G_M
    • By G_M 13th Jul 17, 11:02 PM
    • 41,921 Posts
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    G_M
    • #3
    • 13th Jul 17, 11:02 PM
    • #3
    • 13th Jul 17, 11:02 PM
    Is she working for the mortgage lender? Or have they appointed a different solicitor to act for them? Usually the buyer and lender appoint the same solicitor.

    If so, she has 2 clients and must satisfy both.

    As her client, you are perfectly at liberty to instruct her to ignore issues she finds and raises with you.

    However her other client may instruct her differently when she raises thse same issues with them.
    Last edited by G_M; 13-07-2017 at 11:06 PM.
    • deuteronomy
    • By deuteronomy 13th Jul 17, 11:17 PM
    • 16 Posts
    • 3 Thanks
    deuteronomy
    • #4
    • 13th Jul 17, 11:17 PM
    • #4
    • 13th Jul 17, 11:17 PM
    My solicitor is working for first direct too, this firm met their criteria. I used the same firm for selling my old property.
    • stator
    • By stator 14th Jul 17, 12:26 AM
    • 5,891 Posts
    • 3,874 Thanks
    stator
    • #5
    • 14th Jul 17, 12:26 AM
    • #5
    • 14th Jul 17, 12:26 AM
    Any building works without signoff will cause a red flag. Ultimately it's up to the lender if they want to proceed or not. They might accept an indemnity, they might not. Just make it clear to your solicitor that these matters don't worry you and ask him/her to check with the lender for further instruction on their behalf.
    ps you could have ordered the FENSA certificate for £20 online.
    Changing the world, one sarcastic comment at a time.
    • Slinky
    • By Slinky 14th Jul 17, 7:46 AM
    • 4,703 Posts
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    Slinky
    • #6
    • 14th Jul 17, 7:46 AM
    • #6
    • 14th Jul 17, 7:46 AM
    ps you could have ordered the FENSA certificate for £20 online.
    Originally posted by stator
    Only if they are actually Fensa certified which you can see by an address search on the website. And if you can see the certificate option is there, save yourself the £20 by not bothering to buy it!
    • ThePants999
    • By ThePants999 14th Jul 17, 8:08 AM
    • 863 Posts
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    ThePants999
    • #7
    • 14th Jul 17, 8:08 AM
    • #7
    • 14th Jul 17, 8:08 AM
    What is the boiler indemnity actually indemnifying you against?
    • deuteronomy
    • By deuteronomy 14th Jul 17, 9:55 AM
    • 16 Posts
    • 3 Thanks
    deuteronomy
    • #8
    • 14th Jul 17, 9:55 AM
    • #8
    • 14th Jul 17, 9:55 AM
    The indemnity says it will only cover the costs of defending enforcement action taken by the council for the lack of building regulation and certificate.
    Last edited by deuteronomy; 14-07-2017 at 9:57 AM.
    • moneyistooshorttomention
    • By moneyistooshorttomention 14th Jul 17, 10:08 AM
    • 13,952 Posts
    • 37,907 Thanks
    moneyistooshorttomention
    • #9
    • 14th Jul 17, 10:08 AM
    • #9
    • 14th Jul 17, 10:08 AM
    I cant see any documentation is involved for the work you mention - new ceilings, new bathroom, French door - other than a Fensa certificate for the French door.

    There was never any mention of any "paperwork" for my new ceilings or new bathroom and I was duly given my certificate for the new outside door. My house has been ripped apart since I bought it - the paperwork I was given (despite removing pretty much everything) boiled down to Fensa certificates for that new exterior door and the new outside gutters/pipes/etc AND paperwork for the electrics AND paperwork for the central heating system work. No paperwork seems to have been required for anything else.

    So what paperwork could they possibly be on about anyway? - other than that Fensa certificate for the French door.
    Last edited by moneyistooshorttomention; 14-07-2017 at 10:14 AM.
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    • eddddy
    • By eddddy 14th Jul 17, 10:33 AM
    • 5,417 Posts
    • 5,085 Thanks
    eddddy
    So has the work been done recently? If it were me, I would look at it like this...

    Why didn't the seller get a boiler installation certificate and fensa certificates?

    Does the seller use unqualified 'bodgers' to do work on his house?

    Does that mean other work on the house might be bodged as well? E.g. New plasterboard fixed to rotten ceiling joists, 'damp stop' used to hide damp patches etc.


    TBH, I would be very cautious of buying a house from somebody who chooses to get a boiler installed by somebody who is unqualified.

    I'd be asking the seller lots of questions about this.
    • BJV
    • By BJV 14th Jul 17, 10:42 AM
    • 2,249 Posts
    • 3,369 Thanks
    BJV
    I completely understand that this is frustrating ( i had issues with my house move that went on for 5 months after we had moved out of our old house.) Nightmare!!!!!!

    BUT she is, as other posts have already said not just working for you but also the lender. Equally this is your new home you will be excited and emotionally attached that means that it would be easy to miss something which could cause problems later.

    Just because something looks fine does not mean it is fine. Promise ! I buy houses every now and again and keep them for rental. Normally a couple a year. We have a few and I always take my surveyor and builder with me. Even so the amount of times we have bought something which looks fine only to fine out that electrics are shot, buyer hiding damp, plumbing not up to regulation standards. It can take a normal renovation way over budget.

    When I buy now I just assume that electrics and plumbing and windows will need replacing. Bear in mind that a rewire can cost anything from a couple of thousand to mega bucks. So the sockets could look fine, lovely chrome for example and nicely decorated for example but it could be a death trap behind.

    She is trying her best to protect you.

    The issue is that when somewhere is decorated and plaster you can not see the work hidden and it is this that can cause major problems.

    So yes 100% I understand your position but you honestly have to let her do her stuff.

    Good luck.
    Last edited by BJV; 14-07-2017 at 10:45 AM.
    Happiness, Health and Wealth in that order please!
    • deuteronomy
    • By deuteronomy 14th Jul 17, 11:00 AM
    • 16 Posts
    • 3 Thanks
    deuteronomy
    I have all the papework and all the invoices for the boiler work/windows and re-wiring and its all done by local firms and was not cheap. I have been round and spoke to the neighbours and they told me the work that was done and basically it was an old gents house who had lived in it for 60 years and it had to be bought up to scratch. My previous house was an 1850's terraced some I am very comfortable living in old houses and aware that money needs to be spent on them and have money available for that.

    For me I care not about regulations, just that the work was done to a good standard.
    I had a similar issue selling my terrace a few months ago, because I had new doors and guttering the buyers solictor kept asking for FENSA certs and such like, I just said I dont have any and wont be providing them to the buyer, but she was a cash buyer so she pushed it through
    • Riggster
    • By Riggster 14th Jul 17, 11:14 AM
    • 169 Posts
    • 107 Thanks
    Riggster

    For me I care not about regulations, just that the work was done to a good standard.
    Originally posted by deuteronomy

    Fortunately your mortgage provider will care about these regulations.
    • G_M
    • By G_M 14th Jul 17, 11:24 AM
    • 41,921 Posts
    • 48,520 Thanks
    G_M
    I don't really understand your issue.

    Your solicitor has 'advised' you to get insurance. You don't want it. So instruct your solicitor accordingly.

    Clarify with your solicitor whether your lender has any issues and if so what.

    The solicitor is doing their job, spotting potential legal issues. Now you need to do your job by responding appropriately.

    Sorted.
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