mortgage company vs solicitors decision

bradley1977

We are selling our house. We got boilers installed in June 2005 but this was not registered with gas safe/Corgi as found out later bloke retired b4 installation. & is now deceased.

Our buyer's mortgage company n&p being right pain. The solicitor who is registered on there panel is saying indemnity insurance will be fine but mortgage company apparently saying won't except want building regulations certificate. We got boilers serviced in December passed.

Don't know what to do & why mortgage company not excepting what solicitors saying!

We've arranged to move next Thursday so mega stressed!

anselld

You cannot provide what you haven't got so it is down to the buyers to sort out with their solicitor and mortgage co.

The reason the Morgage Co do not want to accept is because indemnity does not give them any reassurance that the boiler has been correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.

Leo2020

Our boiler has no certificate. But we pay for the British Gas service/repair plan. They inspect the boiler to make sure it is safe and working OK when you take out the policy. We had documentation for all the yearly services too and our buyer had no problem.

But if your buyer can't buy the house without build regs then I can see two choices. You offer to get building control to come round to inspect. This will cost money and I think with most councils it won't be a quick process - not with our council anyway. The buyers will have to wait but if they are happy to do so then you keep the sale going.

You tell them they need to sort it out with their mortgage company. This might result in the having to find another mortgage provider which would cause a delay or they pull out of the sale.

Richard_Webster

Our buyer's mortgage company n&p being right pain. The solicitor who is registered on there panel is saying indemnity insurance will be fine but mortgage company apparently saying won't except want building regulations certificate. We got boilers serviced in December passed.

Don't know what to do & why mortgage company not excepting what solicitors saying

Normally the lender wouldn't know about this level of detail unless someone told them. Usually it would be the solicitor acting for the lender. So if that solicitor was happy with an indemnity policy looks as if someone else told them and they have said thy want it right.

As has already been said a policy doesn't really help much because it only protects against enforcement which is very unlikely.

Possibly a gas engineer could issue a safety certificate which might be OK but it wouldn't be quite the same as a certificate saying it was installed satisfactorily.

Building inspectors are not experts in gas so they wouldn't want to get involved.

bradley1977

Thank you.

Although if unsafe would not of passed boiler service. We have a owner/landlord gas safety record & passed In December 2013 with no problem added.

Would mortgage company remove offer based on just this? Or may they put small retainer on it to cover themselves. All other info provided even had new electrical unit installed!

Our buyer & solicitor happy with indemnity just mortgage company.

Do u think buyer trying to get discount?

DRP

I don;'t think this is something (as a buyer) you can take the risk with. No documentation and an unregistered fitter who has conveniently passed away ....

if i was your buyer i would want to make sure the boiler was entirely safe...

Bradley1977 wrote: »

Do u think buyer trying to get discount?

Maybe

But never mind what the mortgage company require, i would be asking you to get the correct documentation or reducing my offer by the cost of a new boiler.

bradley1977

Boiler installed 9 years ago if going to blow due to bad installation would of done so by now. We are not tying to lie its true. We've been totally honest with buyer/solicitor. We could of lied & said installed when brought house! that pic how old was the boilers inquestion I've seen some over 40 years old in houses 4 sale & under current legislation not correctly installed. Our house were buying we can't even get checked as empty & no power/gas so don't even know working ok but still buying as like property.


Like I said we have gas safety certificate to verify is currently safe to use.

DRP

Bradley1977 wrote: »

Boiler installed 9 years ago if going to blow due to bad installation would of done so by now. We are not tying to lie its true. We've been totally honest with buyer/solicitor. We could of lied & said installed when brought house! that pic how old was the boilers inquestion I've seen some over 40 years old in houses 4 sale & under current legislation not correctly installed. Our house were buying we can't even get checked as empty & no power/gas so don't even know working ok but still buying as like property.


Like I said we have gas safety certificate to verify is currently safe to use.

I believe you.

But if i was going to give you hundreds of thousands of pounds and my family's lives may depend on the safety of the boiler, then i would want the paperwork to be absolutely sure...