Seller says 'no renegotiation after survey'

Better_Days

OP this is what I was thinking of....make of it what you will! Certainly you've got nothing to lose by asking if there any defects that the EA knows of.
https://forums.moneysavingexpert.com/discussion/4987890

http://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html

I_have_spoken

Just add 'without prejudice' to any replies to the EA

jjlandlord

I_have_spoken wrote: »

Just add 'without prejudice' to any replies to the EA

Which would be useless.

halfone

My first thought on reading the original post was 'cheeky sellers, trying to impose meaningless conditions, what are they hiding?' But on reading the replies I'm finding myself agreeing with the view that they're just trying to discourage people from haggling over every little thing and might be worried about last-minute reductions.

I do think it might be putting other potential buyers off though, by making them suspicious, which could benefit you, OP, especially as you've indicated you're happy to pay for the survey whatever the end result.

I'd respond in a positive tone. Make it clear you want the sale to go straightforwardly too; no timewasting on either side. In the interests of transparency you could ask them, in view of that clause, if the survey is going to reveal anything major. See what the response is - I bet they'll say no but you never know.

If, after the survey, it transpires the roof needs replacing and you're not wanting to bear the cost of it yourself that clause means you can just withdraw your offer straightaway without having to worry about haggling, how much to reduce your offer by etc.

Edit: If you frame it positively, you may even be able to say in your response that you won't mess them about by trying to renegotiate, you'll just withdraw quickly and cleanly (as you indicated earlier in the thread you are willing to do).

In some ways, that condition actually makes the process easier by removing the awkward 'renegotiation' stage completely with all the bargaining where each side is trying to ensure they're not being fleeced - it often takes ages, going back and forth. You've presumably been through that once already when you agreed on the selling price.

Best of luck OP, hope it all goes smoothly for you, and the survey reveals minimal minor defects only.

eddddy

As others have suggested, be careful that you don't create an unintended contract when sending emails to the EA.

Making it clear that any agreement is "subject to contract" is the usual way of avoiding that.

An offer made "subject to contract" means that the matter remains in a state of negotiation until a formal contract has been executed, and, until that time, the parties are not legally bound and may withdraw from the negotiations without incurring liability.

Source: http://www.wilberforce.co.uk/publications/things-which-surveyors-write-at-the-top-of-letters-and-notices.asp