Clauses in contract - buying

mr.mobi

We have just exchanged on a property and have a few things in the contract that we want done before exchange (fence mending, gas boiler certificates etc)

My question is really what recourse do we have if the seller doesn't follow through on any of the actions we have required? For some reason I have a real feeling he wont bother doing some of them!

Thanks!

Slinky

If you don't think he'll do them, why not reduce your offer by the cost of getting them done and get it sorted yourself when you move in?

da_rule

To take action for breach of contract would seem to be the most obvious. If the breach of contract is severe you could also deem the contract to be void so may be able to delay/cancel completion.

DRP

Slinky wrote: »

If you don't think he'll do them, why not reduce your offer by the cost of getting them done and get it sorted yourself when you move in?

well it is far too late for that!

princeofpounds

small claims court, basically.

da_rule

Was there a deadline on when the works have to be done by?

mr.mobi

da_rule wrote: »

Was there a deadline on when the works have to be done by?

Yes, buy competition which is the 30th

da_rule

Well I suppose that if they haven't done it by then then you could withdraw on the grounds that they have breached the contract. I'm sure someone else will jump it and correct that if it's wrong.

I guess it comes down to how much the work will cost and how much you want the house.

Richard_Webster

The best you are going to get is an allowance off the price if the work hasn't been done. Your solicitors will have to negotiate that on completion.

It is completely clear that it is a term of the contract that this work is done?

Not really a good idea to have this kind of clause because there can be arguments about exactly what is to be done. Is it clear that if the gas installation requires expensive work then the seller will pay for that or is he just expecting to have an inspection on the basis that all will be well?

At the end of the day if you want the house your solicitor will try to negotiate a reasonable allowance. If the other side won't agree anything or only a very small amount then you end up having to go tot small claims court after completion - you don't get your legal cots paid in small claims so very often it is simply not worth paying a solicitor to claim a few hundred pounds. Better therefore to agree a specific allowance or get the seller to get the work done before exchange.

mr.mobi

So as expected the guy 'hasnt had time' to do it and offered us £100.

Baring in mind the panels are on average £25-30 each, and we'd need at least 6 plus delivery/installation I think this is a joke.

Needless to say Im not accepting that.

Its the arrogance of the guy thats annoying me the most, he knew full well he wouldnt do it and thought to himself, I'll just offer them a hundred quid and theyll shut up.

G_M

For the benefit of others in your position, this is why you made a mistake including these conditions in the contract.

You now have a new negotiation to undertake (£100? £150? £300?) but at a time when the pressure is on - you want to move in!

And if the reason he hasn't got a gas certificate is because the boiler is knackered and needs replacing, you might still be left with a £2000 bill!

Next time, get the gas inspection done yourself, so you know what you are buying, and factor into the purchase price the costs of that + fence panels etc.

But frankly, arguing over a few hundred poundss on a property worth... £X00,000 is not really worth the hastle.