Help please!! Unreasonable buyer wants regulation certificate for extension

Molly12345_2

Hi my first post on this great forum, where I have been for all these years:j

Sorry for it being a long one!

We are selling our house to a gentleman and his wife. The only sticking point we have is that we have a single story side extension that was built in 1978 along with a seperate double garage (which has full planning permission)

The single story extension that is attached to the 1930's property was built under permitted development, and although we do not have confirmation of the build date in writing we have gained a copy of the previous owners fixtures and fittings and also there land registry document therefore proving that the single story was built before 1998 (the land registry date for the previous owner.

Under advise of my solicitor we have agreed to pay for indemnity insurance which she feels will stop any issues in future sales of the property. Also, as we know he is a bit of a worry wart (to say the least) I have paid for a structural survey by a builder for the extension that confirms it is sound.

He is banging on about having a "legally binding" agreement that it will cover future sales, which he will never get.

2 questions :-

1.Does everyone agree that my solution is more than enough to cover the property from issues in sales going forward? and what is the best way his solicitor should be telling him it is ok as she seems to be useless!!

2.His solicitor was aware of the issue on 2nd May but it was only bought up as an issue last week, if the sale falls through do we have any claim against her for our fee's/surveys we purchased??

wodgerdodger

I think you have offered a solution which is more than adequate and i am sure most viewers will think over and above what could reasonably be expected. after all this was built in 1978 for heavens sake.
My only fear for you though is that your prospective buyers do sound as they may be expecting even more and may well ask for a reduction. In my opinion, assuming it sold reasonably quickly, I'd tell them to take a hike if they were'nt satisfied.

withabix

If you are brave, tell his Solicitor that the sale is off unless he drops the issue.

jessbob

Hi, Molly

You are offering your buyer well over and above what is required, so he should be more than satisfied, and so should his solicitor! The extension was built some time ago, and the fact that you have offered indemnity insurance is all that is really required, but just check with your Solicitor that the indemnity insurance being offered is transferable to future purchasers.

Personally, I would not be going to the expense of having a structural survey for your buyer, but in any event I would not be agreeing to a Regularisation Certificate.

Hope everything goes ok with your sale in any event:)

Molly12345_2

Thanks for your comments!!!

Also in terms of the regularisation certificate he want's I have done some digging and it seem's he can't have what he is requesting anyway as there is no evidence that shows it was built after 11th November 1985, the date when regulation certificates came in and can be issued from.

The fear I have is that his solicitor is not taking control of the situation at all, and what should have been a simple issue to fix has become a major issue because it has not been handled Poorly. he/she needs to realise that they are dealing with people live's!!

He may also be using it to get money off but the thing is we agreed a good price with him for a quick sale, I will trust my gut feeling next time!!

DVardysShadow

Give him until Friday to accept the indemnity insurance and put it back on the market.

Doozergirl

Ask your solicitor to write back clearly stating that the indemnity is totally normal practice and acceptable to lenders; that paying for a survey to show the extension's soundness is above and beyond what is usual and clearly a show on your part of reasssurance to your buyer; and that a regularisation certificate is simply not available due to the age of the extension. You can get an indemnity which covers subsequent buyers if that is what they want, but there is nothing else available and what is offered is entirely sufficient...

Honestly, sometimes people push really hard for things that they will never get and it takes an equal shove back to put them in place; my solicitor is fab at that sort of thing and worth her weight in gold because of that! It's the solicitor that will read it anyhow, and they will have to choose to let it go. I've been through it so many times and frankly, some solicitors have absolutely no understanding of how BR and PP work, and what is required for what type of property.

Otherwise, I would have a 'general' chat with someone at building control, not mentioning your specific property until they agree that they might write a letter to show that they have no interest in taking action against a structurally sound, 32 year old single storey extension, or least that a regularisation certificate would not be available due to it's age... BC will not be nealry as interested in your extension as your buyer appears to be.

Molly12345_2

Thanks all for your comments, I will let you know how I get on!

no1catman

The House that I bought has a small extension at the back - lengthens the rear reception room by about 30%.

The seller had to finance an 'indemnity' for it - at my conveyancer's insistence.
Surely, the point is - the indemnity is there in place to cover for any consequencial problems. So what else is there to worry about. You have 'dropped' the price by paying the indemnity - end of story!
No harm in making the house available for any other viewings, puts a bit of pressure on them.

carla40

we have had the same issue and we agreed to pay for the indemnity insurance, luckily our buyer accepted this, and our sale is nearly complete, hope everything goes well for you

timmyt

Molly12345 wrote: »

Hi my first post on this great forum, where I have been for all these years:j

Sorry for it being a long one!

We are selling our house to a gentleman and his wife. The only sticking point we have is that we have a single story side extension that was built in 1978 along with a seperate double garage (which has full planning permission)

The single story extension that is attached to the 1930's property was built under permitted development, and although we do not have confirmation of the build date in writing we have gained a copy of the previous owners fixtures and fittings and also there land registry document therefore proving that the single story was built before 1998 (the land registry date for the previous owner.

Under advise of my solicitor we have agreed to pay for indemnity insurance which she feels will stop any issues in future sales of the property. Also, as we know he is a bit of a worry wart (to say the least) I have paid for a structural survey by a builder for the extension that confirms it is sound.

He is banging on about having a "legally binding" agreement that it will cover future sales, which he will never get.

2 questions :-

1.Does everyone agree that my solution is more than enough to cover the property from issues in sales going forward? and what is the best way his solicitor should be telling him it is ok as she seems to be useless!!

2.His solicitor was aware of the issue on 2nd May but it was only bought up as an issue last week, if the sale falls through do we have any claim against her for our fee's/surveys we purchased??

what your lawyer has advised is completely a waste of time...bet he is charging for setting up all the solutions. The extension is too long ago for Local Authority to take action. Not even indemnity insurance should have been taken out, and to pay for a survey to check it was sound is even worse.

as a conveyancing solicitor, a one line reply that due to its age, no Council consents will be provided nor can the Council take any action. Enough time has passed and so our clients expect an exchnage within 7 days or we shall consider our options.

no claim if the sale falls through...that is just our system in the UK.