Window smashed before exchange

Halle71

We are due to exchange in the next few days.

The house we are buying has been vacant for over 18 months and we haven't seen it for three months which is about how long ago the survey was as well.

We drove past today and saw that an upstairs window has been smashed.

Does the vendor have a responsibility to replace it?

This also makes me wonder about else might have been damaged since we viewed it and would we have any recourse if we find any such damage?

Buzby

Yes - they either fix it, or negotiate a price for the deficiency. Depending on how long since you viewed, a further check might be worthwhile. Presumably they have the house insured so it is up to them to resolve.

If they do not, or are unwilling to, your ultimate sanction is to walk away before any exchange OR add a condition that requires any deficiencies identified within 7 days to be repaired at the vendors expense.

loubel

No they don't. You should check the property before you exchange as once you do so you commit to buying the property in whatever condition it is in at that time. If you want the seller to replace the window you will need to discuss this beforehand.

booksurr

you are buying what is described in the contract and associated fixtures and fittings list so make sure it is accurate in respect of condition and ask for any rectifications to be dealt with as part of the contractual conditions

that said a pre exchange final visit would seem sensible if the property appears to be being targeted by louts since it is known to be empty because once it is exchanged any further damage is yours to repair

sandraroffey

maybe you need to take another look inside??? asap???? and maybe round the back. you may have squatters too.

I_have_spoken

Yes, I'd certainly inform vendor/EA and ask for another look in case there's been vandalism or other damage.

If it's 'just' the window, I wouldn't risk the the exchange falling through - a house that's been vacant for 18 months won't be in 'walk in' condition by a long chalk.

Halle71

sandraroffey wrote: »

maybe you need to take another look inside??? asap???? and maybe round the back. you may have squatters too.

Sh*t.
I didn't even think about that but it's a really good point.
We were wondering how the window could have by broken - its one of the small top windows on the bedroom bay. There was no furniture to move from that room, no curtain poles to remove ie no cause for an accident.

As everything else has gone wrong with our sale and purchase it wouldn't surprise me.

Right, onto the EA first thing Monday.

Halle71

I_have_spoken wrote: »

Yes, I'd certainly inform vendor/EA and ask for another look in case there's been vandalism or other damage.

If it's 'just' the window, I wouldn't risk the the exchange falling through - a house that's been vacant for 18 months won't be in 'walk in' condition by a long chalk.

To be honest, we're actually ok (within reason) about the inside as we're doing a full refurb, but the vendors have been an absolute nightmare so it just grates that we may have to replace a window immediately. And our plan is to change all the windows next year and we need that time to save up again and think about what style of window we have.

Hey ho, if its not squatters we should think ourselves lucky.

PasturesNew

A replacement bit of glass is a few quid from a local/mobile glazing company.... it's not a lot.

What's more of an issue is whether there's any other damage you can't see. e.g. round the back, door kicked in, boiler/pipes removed, flood damage.

Go and view it before you exchange. Take photos as this seems a "high risk" property.

jamie11

Halle71 wrote: »

ow we have.

Hey ho, if its not squatters we should think ourselves lucky.

Don't worry too much abut squuatters, the law was changed recently to make it a criminal matter, meaning the police can nick them tout suite.

You might have to show the police the legislation though, they don't seem to be too well up on the law.