Home buyer asking us to do drain survey

neo2810

Hi folks,

Just after a little advice. We are due to exchange contracts on Monday after a fairly routine house sale, but yesterday the buyers solicitors raised a query about a surface water drain running through our garden and asked whether it ran under the conservatory (which was added by previous owners with full planning permission). They supplied the sewer/drain plans of our area from the water board and they showed the drain line right across the middle of our garden. My conservatory measures 3m with 4m from outer wall of conservatory to the garden wall, indicating that the drain runs outside the conservatory boundary. This has satisfied the solicitor but ive now been approached by the buyer directly asking us to pay for a CCTV drain survey to ensure there is no inherent damage. Now as I understand it, this is something the home buyer would normally pay for? Also, we have never had any flooding in the back garden or anything to suggest the drains are not working as they should. Is it unreasonable for him to ask us to pay for something when there are no grounds to suspect any problems???

Yorkie1

You are right that it is up to the buyer to satisfy themselves of the state of the property before they buy it, and therefore that the buyer would usually be expected to bear the cost.

That being said, there is no concrete rule about this, and it can be up for as much negotiation as you choose.

If their solicitor is satisfied, then the lender is equally likely to be happy. The question is whether the buyer is sufficiently flaky to pull out if you don't put your hand in your pocket to pay for this survey.

keystone

They are looking for a reason to pull out and/or delay and/or get the price reduced right at the last knockings. No way you'll get a survey done before Monday unless its an arm and a leg job for such short notice. Call their bluff - tell them that if they want a survey they can organise and pay for it and you'll reimburse them the costs of the survey IF the results show any damage from the conservatory construction. In the meantime remind them that "we are exchanging on Monday aren't we....."

Cheers

macman

As above, you are selling the house as described, any additional survey work is for the buyer to commission and pay for.
If you pay for this then they will doubtless demand something else-and if they then subsequently fail to exchange anyway, you will be left with the bill.

neo2810

Thanks folks, he's been around this morning and seems happier that the drain doesn't run under the conservatory. We'll see on Monday what happens.