Please Please Help - Selling problems - environmental issues

spluff

I really would appreciate some peoples help and opinions...... We really need this information for mid-day Thursday..........

We have had problems selling our house - an environmental issue (dumping or landfill).

Our solicitor has tried contacting the builders (who contacted their solicitors) and they said they have no knowledge of any issues.

Our solicitor has spoken with the land registry who came back with inconclusive results.

Their solicitor is saying they are not happy with this.

Our solicitor is basically saying that she cannot do anything else and that the buyer should take it or leave it. Which in my opinion is terrible! She said that their solicitor is being unrealistic with wanting this information.......

Just wondering what we can do next?

Can we organise some tests? Who would we need to speak to and how much?

Thanks so much.
Spluff

epz_2

surely any landfill on the ground the house is built on would have been recorded by the council.

if we are talking about more complicated enviromental contamination such as arsnic in the soil (1) or other nasty stuff then of course you can test it, but what to test for and why. fact is unless if is a fairly recent newbuild on a greenfield site most places will have some sort of enviromental red flag from lead in the paint and pipes to aspestos insulation etc, is this just a generic solicitor question of prove theres absolutely nothing wrong with the property of do they have a suspicion somenthing is wrong.

i suspect we are talking about a newbuild on a brownfield site, if so do you know what industry was their previously because you can usually work out the nasties they use in thier procceses and dump in the ground from that.

(1) lots of new builds up here are built on sites which have had some pretty horrendus stuff dumped in the ground, doesnt seem to bother the owners though i would never buy them, let alone let my kids play in the back door.

olly300

spluff wrote: »

Our solicitor is basically saying that she cannot do anything else and that the buyer should take it or leave it. Which in my opinion is terrible! She said that their solicitor is being unrealistic with wanting this information.......

Just wondering what we can do next?

Your solicitor is right.

It's up to your buyers and their solicitor to do the research to find out what was on the site. That's why the buyers pay for searches. For example if you where in an area where there could have been mining your buyers would have paid for a mining search.

The search they want to do is a historical land use search and as epz said it is the local council who would have the information if there is any to be obtained. Be warned most councils have only started to collate this information so nothing may turn up.

spluff

Thanks for the replies...... as you can imagine I am quite upset and dont know where to turn.

The property has been built around 9 years ago and there has been no problems people selling and buying in that time (quite a few sales). The place was built on an old pot factory.

My solicitor is pulling her hair out as she has tried to get as much info for the buyers solicitor, but it doesnt seem good enough. The buyer I think is now getting concerned by his solicitors scare-mongering with this environmental issue and is now considering pulling out.

I have spoke to all residents and they all have no idea about this issue or even if it is an issue.

Is it worth speaking to the council? Which department?

Can I speak with the buyers solicitor?

Should I speak with the buyer?

What would you do in this situation?

I dont really want to lose this sale as it has gone on now for 4 months.

Konisberg

To be fair your buyers solicitor is not being unreasonable in requesting the information, but it doesn't meant that it can't be addressed. I'm assuming that they have told you that it was built on an old pot factory, which as previous posters says, is information that would be found in a land use search or on historic maps. I'm assuming that by pot factory they mean that possibly clay was quarried there at some time in the past and that when the quarry closed, it was filled in with unknown material. This would then show as possible landfill on an environmental check. Things are different now with regards to what is demanded of builders developing brownfield sites. However, nine years ago it is still possible that a proper investigation was done and the any issues addressed at the time. I would first try to find out who built the houses and then contact them to see if this is the case. Where abouts in the country are you?

lynzpower

spluff wrote: »

Thanks for the replies...... as you can imagine I am quite upset and dont know where to turn.

The property has been built around 9 years ago and there has been no problems people selling and buying in that time (quite a few sales). The place was built on an old pot factory.

My solicitor is pulling her hair out as she has tried to get as much info for the buyers solicitor, but it doesnt seem good enough. The buyer I think is now getting concerned by his solicitors scare-mongering with this environmental issue and is now considering pulling out.

I have spoke to all residents and they all have no idea about this issue or even if it is an issue.

Is it worth speaking to the council? Which department?

Can I speak with the buyers solicitor?

Should I speak with the buyer?

What would you do in this situation?

I dont really want to lose this sale as it has gone on now for 4 months.

What I suspect they need to see if they havent already is the environmental "sign off" when planning permission was first granted by the local authority.

Speak to your local councils planning department and get them to fax a copy over to you or pop in and get it yourself.

To be honest, my buyer did a similar thing to me ( my flat was built on an old factory site for french connection) and they ummed an ahhed for ages over some bit of planning permission documentation. It was nothing more than heel dragging. as if a major developer would have been able to build the properties ( 60 flats) without plannig permission.

I lost my rag and said, if you dont exchange within 7 days im putting it back on the market.

TJ27

I always find it extremely useful to dig out the Ordnance Survey County Series maps from your main library or County Archives.

There are usually four maps available, which date back to the mid/end of the nineteenth century. They will show exactly what was on the site for the last 100 to 150 years.

They cost very little or nothing to obtain and often provide much more information than any survey will. I'll never understand why hardly anybody bothers to look at them when buying!

spluff

Well just found out the environmental issue is that around the site there was some tipping off commercial/domestic waste around the site. No confirmed idea of the location. Mentioned something about glass cullet - which isnt toxic!!!!!

The buyers solicitors are saying that the environemental certificate has failed on this and are advising the buyer of it. They would not confirm how they would be advising......

Quite crap really Hopefully the buyers solicitor stresses that the environmental concern is not too bad - but I have a feeling they are scaring the client. He has spoke with the estate agent saying he is confused and concerned and doesnt know what to do... The estate agent has tried to comfort him, but in the end he will listen to the solicitor....

I guess we are doomed

spluff

spoke to a doctor who owns 2 flats and a house on the land.

He said he had the same enviro issue raised when he bought and that it was nothing and even went on to say the tipping area was not even where the flats were!!!!!! and it was some sort of glass.

He is going to speak with his solicitor and ask him for information which he gathered.

Is this okay? Can his solicitor pass on information? I am willing to pay.

spluff

thanks for everyones advice........

but after 4 months he just pulled out.......... what a ****

olly300

spluff wrote: »

thanks for everyones advice........

but after 4 months he just pulled out..........

Bad luck

It happens.

It happened to someone else I've met because the potential buyer didn't understand the entire area had radon gas. They did manage to sell again within 2 months. The only good thing is now you can give any other potential buyer all the information you collected.