Selling a house - no damp proof guarantee

lucasoid

Hi,

I have recently found out that a house we purchased several years ago does not have a legitimate damp proof guarantee - which is a condition of the mortgage.

We do have a copy of the guarantee document but do not have the additional survey which forms part of the guarantee. This was not given to us by the solicitor

So,when we sell, we will need to obtain a valid guarantee.

Would the solicitor who arranged the house purchase for us be liable for any costs relating to this?

Are there any additional claims we can make ie damages etc.

My first thought is to write to the solicitor asking them to forward us the additional documents relating to the guarantee ie the survey then take it from there if they can't provide it.

Does anyone have any experience/advice on the best way to proceed with this?

Doozergirl

It's a condition of your mortgage, no one elses.

The house shouldn't show any signs of damp if it's been sorted already?

Lots of houses don't have damp proof guarantees, so it's not necessary for every house. If you don't provide one, it doesn't matter. If you want to provide the guarantee paperwork in with all your other paperwork, then do so. The paperwork shows it's been done, the buyer will have to run the risk that there isn't actually a guarantee on it. In reality, the DPC is unlikely to fail. Unless there is actual smelling, visible damp then I would defy anyone to tell me that a bit of invisible moisture that is picked up on the surface of a wall constitutes a 'damp problem'.

I don't think it's going to be as much of an issue as you think it might.

lucasoid

It was more that,being a condition of our mortgage, is the solicitor liable as it could be said to be negligent as they were working for us yet have completed the mortgage when it is not actually valid as a result of the guarantee.

That,and potential problems when selling if the next mortgage company states that they need a valid damp proof guarantee before proceeding.

Richard_Webster

if the next mortgage company states that they need a valid damp proof guarantee before proceeding.

They would be daft if they did because most such guarantees aren't worth the paper they are written on because the installer has usually gone out of business.

It is very very common for a seller's solicitor to produce a damp proofing guarantee with lots of scrolly bits onto make it look "genuine" and it says that if a claim its to be made the report/survey and contract must be produced. People commonly forget to keep these.

(By the way if you call the company back under the guarantee - assuming you have got the documents and they are still in business - it is usually the plaster that was put on by somebody else that causes the apparent "damp" problem so company say nothing to do with them.)

We just tell the buyer client that some work was done somewhere in the house (as we often don't know where they treated the damp, because you don't know that without the original report!)

So all in all I wouldn't worry too much. OP won't be the first person not to have the other documents.

G_M

Doozergirl wrote: »

In reality, the DPC is unlikely to fail. Unless there is actual smelling, visible damp then I would defy anyone to tell me that a bit of invisible moisture that is picked up on the surface of a wall constitutes a 'damp problem'.

Oh lots of chartered surveyors will use a 'moisture reader' (conductivity meter), find evidence of electrical conductivity, and put in their report that there is a damp problem.

Now I agree the DPC is unlikely to fail, and I agree damp is not nearly as widespread as people say, but I defy you to deny that hundreds of house sales a week are put in jeopardy, delayed, or have price-renegotiations as a result of 'damp problems' where there is no smell, no visible damp, and where the home-owner has lived happily for years without any idea his home is awash with water!

David_Aldred

Hi,
If you have the details of the chemical manufacturer on the guarantee certificate, it may be worth enquiring to the manufacturer if they have supportive documents relating to the areas treated etc, since they are often the people who actually issue the guarantee (unless the contractor was writing their own out) on behalf of one of their approved contractors. Kindest regards David Aldred Independent damp & timber surveyor.

dizziblonde

G_M wrote: »

Oh lots of chartered surveyors will use a 'moisture reader' (conductivity meter), find evidence of electrical conductivity, and put in their report that there is a damp problem.

Now I agree the DPC is unlikely to fail, and I agree damp is not nearly as widespread as people say, but I defy you to deny that hundreds of house sales a week are put in jeopardy, delayed, or have price-renegotiations as a result of 'damp problems' where there is no smell, no visible damp, and where the home-owner has lived happily for years without any idea his home is awash with water!

Yep we're having this fun and games at the moment from a house that has no chuffing problems apart from a leaky shower tray, because a surveyor picked up a "small and I wouldn't worry about it" (his words on the phone to us) bit of "damp" on his surveyor prongy thing. It's meant they've knocked 2 grand off the valuation at the mortgage co and we're having to try to get guarantee remedial work done when the place doesn't flipping need it - just to keep everyone happy - delaying the purchase endlessly, sending my stress levels (and stress related eczema through the roof) and I'm mightily piddled off about it!

The house doesn't have a problem (it's been stood empty for 2 years wtih the heating on just to stop pipes bursting!) - we've had builders in to look at it and been of that opinion, even the surveyor verbally has told us there's no real issue at stake, just a bear in mind for the future advisory - of course written down it's like the coming of the apocalypse and it's causing chaos. It's actually made me ill with the stress and worry of it all, showing no signs of coming to an end and I'd quite like to put the damp detector thingy somewhere that you definitely can't get a damp proof course installed to be honest!

antrobus

What everyone should do is read the info on the AskJeff website on the Rising Damp Myth - see http://www.askjeff.co.uk/rising_damp.html

Richard_Webster

What everyone should do is read the info on the AskJeff website on the Rising Damp Myth - see http://www.askjeff.co.uk/rising_damp.html

No, you shouldn't do that!

Much more sensible to install a second or third damp proof course!

Seriously though (you didn't take that seriously did you.....), although I suspect there is a lot in what Jeff says, until Surveyors generally stop waving meters about and reporting damp we will be in this loop of having to have work done etc.