Conservatory flood in between exchange and completion

DiscoCat54

Hi there. I am currently in between exchange and completion on a new build.

Due to the distance involved the house that I am part-exing is now empty and I am in rented until I complete on November 22nd.

I called in to my house at the weekend to do some cleaning and whilst I was there the weight of the torrential rain forced one of the conservatory roof panels down against the guttering by approximately 2 cms and the rain poured in and flooded the floor.

Because of the position of the guttering there is no way of getting any purchase on the roof panel to slide it back up again and if I were to remove the guttering the panel would just slide right back down. All I could do was get some silicone sealent and fill the gap to stop the rain pouring in...

So this is my question... whilst I appreciate that it is my responsibility to keep the house it was in at exchange, does that mean that I need to get the roof replaced before completion, or as there was already a small gap which might or might not been spotted by the surveyor, is sealent acceptable?

The latter really doesn't sit right with me however I suspect it will be an expebsive job on a conservatory that doesn't have building regs so I really don't want to draw too much attention to it...

Thanks for your responses

FireWyrm

So, this is a newly built house?

Do you have a guarantee that came with it?

I would be calling on that, since this is perhaps a case of shoddy workmanship. Shouldnt you be speaking to the builder in this case?

jazabelle

FireWyrm wrote: »

So, this is a newly built house?

Do you have a guarantee that came with it?

I would be calling on that, since this is perhaps a case of shoddy workmanship. Shouldnt you be speaking to the builder in this case?

I believe it's the house they already own - the one they're part exchanging on, not the new build.

DiscoCat54

Hi there. Yes, it the house that I currently own and am part exchanging.

AlexMac

When the positions were reversed in my case- in that a fault developed with the empty house which I was buying in between exchange and completion, my solicitor was adamant that it was an obligation on the part of the vendor to ensure that it was restored to the condition it was in on exchange. In practice, I accepted a £500-odd retention and contracted a fix myself, after completion, to ensure it was done properly and not bodged. The vendor's solicitor paid up after I forwarded the bill, via my solicitor. Highly satisfactory.

So while I guess you could say- caveat emptor - and do little or nothing and let the new owner sort it out, assuming they notice it, and possibly calling on the new-build guarantee...how do you want to proceed?

The way you'd like to be treated if the positions were reversed, or (as life is seldom fair) the least you can get away with...?

Stormchaser_2

I would say that this is a no-brainer. You must get this problem fixed; and properly: not just with a bit of sealant. If the whole panel came away, then that is not a tiny issue, (like a wee hole that need plastering.) It can't just be patched up with a bit of sealant.

If you do a 'bodgit and scarper' job on it, and the thing falls in on them after completion, then you could find yourself liable to being charged for the repairs. (or worse!) You have to get someone in to fix this. Or at least make whoever is buying this property aware of it, and offer to pay for it. It makes more sense though, to get it fixed first.

AlexMac

Oh - but as an afterthought- and just in case the buyer of your 'part exchange' is not an individual, but the same development Company I once dealt with who accept part ex's as a sales technique for other new-builds...? I once tried to buy a part-ex from such a Developer, but they were so utterly useless in dealing with a similar instance- in this case water damage before exchange, that despite my best efforts to compromise of (their obvious liability) my purchase collapsed, costing me hundreds in legal fees... In which case I'd happily exercise double moral standards and reciprocate by shafting them given the chance!

xylophone

You are part exchanging on a new build (presumably therefore the buyer is a building company / partnership/ sole trader) - possibly in a better position than you to fix the damage? Have your solicitor advise the buyers of what has happened and ask how they wish you proceed.

DiscoCat54

I will get some local companies to come out and quote, at least that way I'll know what I'm dealing with...

The builder has already found a buyer for the house so I don't really want to stitch them up. I will also let my solicitor know that there has been an issue.

missrlr

Erm I believe that it is the responsibility of the purchaser to insure the property again such items after exchange, check with your solicitor though.

happy to be shown to be wrong - below link may help understanding

https://forums.moneysavingexpert.com/discussion/1613649

nic_santorini

I am selling and buying at the moment and my mortgage provider have made it VERY CLEAR that I must insure the property I am buying on the date of exchange, as I technically own it and if it burns down, then it will be me that needs to restore it. Based on this information I would suggest it is the purchasers that need to claim on their insurance to put this right and not you.