Just completed on a flat, now could be hit by a large bill for building work....

londonflare

A bit of advice would be amazing please.

My partner and I ahve recently completed on a top floor flat within a Victorian Terrace. The previous vendor had agreed to contribute to some damp proofing work being undertaken on the basement flat.

The work started before we exchanged (last Friday, we completed on Tuesday) but yesterday the builders who were doing the damp proofing discovered the problem of damp was worse than previously expected and it is likely the work is going to cost considerably more than the initial amount which the previous vendor contributed towards.

Where do we stand with this? It is the previous vendor's responsibilty financially that these works now cost more...?

begbeer

Help my house is falling down from last night comes to mind!

BitterAndTwisted

How would the additional costs be your vendor's fault if they were not responsible for causing them?

londonflare

Because the works were agreed to and started by the then three freeholders (three flats in the house) of which the vendor was one of them?

BitterAndTwisted

The original cost was estimated according to the information at hand at the time. That situation has now changed. The difference is your responsibility

silvercar

What did your survey say about the damp problem?

poppysarah

You has the contract with the builders?

londonflare

The survey was just of our flat (was a homebuyers, the mortgage company wouldn't offer a structural survey on a flat) so didn't mention anything to do with damp.

I presume that should be "Who has the contract with the builders?" But either way I don't know the answer, do contracts with builders even exist??

G_M

The work is the responsibility of the owners. You are an owner. You are liable.

If you could prove that the vendor had lied to you during the sale process you might have a case for fraud. But the vendor would have to
a) have known the true cost of the work AND
b) actually lied about it

Since the vendor apparantly gave you the correct figure based on the work which was believed at the time to be required, there was no disception- the vendor acted in good faith. You have, however, inherited the liability.

Welcome to the joys of home-ownership. Had the vendor not sold, he would now unexpectedly, and through no fault of his own other than that he is a home-owner, be faced with the increased bill. Unfortunately you bought the property, so you are now faced with it.

lincroft1710

londonflare wrote: »

I presume that should be "Who has the contract with the builders?" But either way I don't know the answer, do contracts with builders even exist??

It is not advisable to employ a builder without having a written contract with them.

G_M

londonflare wrote: »

The survey was just of our flat (was a homebuyers, the mortgage company wouldn't offer a structural survey on a flat) so didn't mention anything to do with damp.

I presume that should be "Who has the contract with the builders?" But either way I don't know the answer, do contracts with builders even exist??

No - but YOU could have had a full survey done!

Yes, the builders will not do any work unless they have a contract - otherwise who will pay them!?

The contract is probobly with the freeholder, the management company for the building, or the downstairs flat - depending how it is set up. But whichever it is, your lease makes you liable (I assume - have you read it?) for a share of the maintenance costs including damp proofing.