About to exchange .... Reasonable endeavours - water discharge

megadishu

My mother's house sale is due to exchange. We have gone through various enquiries. The most recent one that is now holding up exchange is the new Environmental Permitting Regulations and small water discharge exemption.

She lives in a rural property with a septic tank that is more than 30 years old. Her solicitor has on my mothers behalf sent in the form to the Environment Agency to register her septic tank has exempt from the new regulation above.

However, her buyers are now refusing to exchange until they receive the exemption certificate - which could take weeks/months. Although the house chain is not long ... my mothers buyers are in rented, the lady in the house my Mum is buying is moving onto a canal boat. However, my Mother is seriously unwell, and the owner of the house she is buying is being treated for an aggressive form of cancer. Hence stress levels are even higher than normal with serious illness involved.

I have heard of a legal term - "understanding to have made reasonable endeavours" - and am hoping somebody can help me understand.

I would have thought that the fact that the solicitor has in writing told my mothers buyers solicitors that the exemption form has been submitted would be enough. Does this "resonable endeavours" clause apply .... is there any indemnity insurance that can be taken out so we can move ahead.

I truly believe that the chain will break on the house my mother is buying if exchange is delayed and the owner will not sell. My mother has given all responsibility to me as she has just had some very bad news for her long term health.

I am really asking on how we can keep the buyers happy but exchange now ....

The septic tank in question is more than 30 years old, and as usual this final query has been raised at the last minute.

All advice welcome.

Thank you.

pellson

I am about to sell my house which has a similar aged septic tank. I was intending applying for an exemption certificate myself but was wondering how complicated the procedure was.

I would be very interested to know how you got on with your sale and whether you have any advice for me.

Thanks.