Vendors solicitor trying to tie us into unreasonable T&Cs on house purchase!

Wizzbang

Hi everyone,

We're practically at the point of completion on purchase of a bungalow. The problem all the way through this purchase is that the vendors did not have the necessary building regs cert. They have tried every way to weedle out of getting it, mostly by saying we're the ones with the problem and we should just accept it. Then they said they already had it, but couldn't find it. But a quick enquiry with the council rubbished that claim. They never approved the work, nor had any application ever been made.

We thought we were getting somewhere with them, as they verbally agreed to give us the necessary £365 off with the estate agent. However, they have a rogue solicitor working for them, who normally deals in litigation (which explains a lot!). First they tried to insist on a retention, which we said no way to.

Now they are trying 'an allowance' which states they will only release the money if we provide proof we have got the building regs cert within 21 days of purchase! This is impossible as we can't even apply until we own the property, the council say they need at least 2 weeks, could be longer to even come out to the property. Even then, will they do the inspection there and then- we don't know. Then who knows how long it will take for them to produce the certificate?! And they are saying they will only give us £265. They say their clients 'know property' and they believe that is all that's required but that doesn't even cover the fees! I should add the clients are 90+ and we suspect it's their family actually doing all this, probably to try and protect their precious inheritance.

Plus, with all the stress of moving- will we want to apply for this cert immediately. The work required is destructive and involves removal of plaster which we will have to put right (which we have already agreed as a goodwill gesture to redecorate at our own expense). Plus we have family coming for Christmas from the US with a young baby- hardly the ideal time for a spot of DIY!

How can we make them see sense? This building regs cert is required to sell the property, we were being nice by agreeing to get it ourselves after completion when we assume all risk for any fines or other necessary works to put it right. Can we hit them with some T&Cs of our own?!

Obv we don't want to pull out now, with all the expense we have laid out and there are no other suitable properties on the market, nor have there been and we started looking before Easter!

Advice appreciated!

mrginge

You make them see sense by telling them to get building regs sorted before exchange or you pull out.

bryanb

mrginge wrote: »

You make them see sense by telling them to get building regs sorted before exchange or you pull out.

OP says they are practically at completion?

Thrugelmir

Wizzbang wrote: »

Obv we don't want to pull out now, with all the expense we have laid out

Play poker i.e. call their buff. You don't know what poor workmanship lies beneath the surface. A few costs is nothing to what potentially it may cost you.

questionss

I agree if building regs is important to you then you need to get them to sort it pre-exchange. What if the work needs massive, expensive revisions to meet building regs? The £300ish pounds won't go far. Building regs will be asked for when you sell on and ask it's been discussed with the council you can't get an indemnity policy anyway. It may mean walking away if they won't do it but I wouldn't exchange without it being sorted in your situation.

mrginge

bryanb wrote: »

OP says they are practically at completion?

If that was the case, the question is pointless.

Wizzbang

OP says we are nearly at exchange! Once this issue is sorted we will exchange.

It's over a set of patio doors, so not likely to cost a fortune or be in breach of regs, according to our surveyor. They were put in where there was originally a window and there is no sign of any structural problems. It's really an issue of compliance, so that we can sell the property on (if we ever want to, planning on staying for a very long time).

zzzLazyDaisy

The cost of getting the building control inspector out for the initial inspection is around £450. He will say what work is necessary to bring the conversion up to the standard required at the date it was done. This may be no work at all, or it may mean expensive and disruptive work - eg digging out and underpinning footings for example. You then have to pay for the certificate to be issued.

It is clearly NOT a simple matter of getting a retrospective certificate - if that was the case, the sellers would have already done that.

There is nothing worse than a buidlings regs problem when you come to sell a house and the fact that they are being weasely and unco-operative suggests that they know very well that there will be a problem rectifying this.

In your shoes I would insist that THEY get retrospective buildings regs cert before exchange or walk away.

mrginge

So my original point stands.

If it's such a minor issue, why are they not sorting it?

stator

Offer to pay for the inspection and say you won't complete until you have the copy of the certificate or the report from the council saying why a certificate can't be issued. Only then will you know where you stand. Haggling over a few hundred quid seems pointless, if you're going to buy the house without the certificate and take the risk, just do it. If you want to know if there's a problem wait for the certificate.

Wizzbang

Council here state cost of a regularisation certificate is £297 plus VAT. Total £356.

I will investigate whether there are additional costs, I was under the impression having spoken to them that that was the full cost, inc site visit. Obv other local authorities will differ.