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

24

Comments

  • Wizzbang
    Wizzbang Posts: 4,716 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Rampant Recycler
    I suppose the other option is to buy the house, without getting money off for the cert. The doors have already been in 12 years, only another 13 yrs before the council would write it off anyway. And we don't have to get the regs man round, we could just leave it just as the vendors have done. I have confirmation from the council that they wouldn't do anything about it, unless an application is made by the owner.
    Minimalist
    Extra income since 01/11/12 £36,546.45

  • Can I check something?

    Are we talking about building regs for Patio Doors?
  • "This building regs cert is required to sell the property"

    No it isn't.

    Get the vendor to pay for an indemnity policy and exchange.
  • Wizzbang
    Wizzbang Posts: 4,716 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Rampant Recycler
    Yes, regularisation certificate for patio doors (solicitor and surveyor say it is required). Can't believe they would be wrong.

    Vendors can't get an indemnity policy because the local council has already been made aware of the issue. (We had to do this, since they refused to produce a certificate).
    Minimalist
    Extra income since 01/11/12 £36,546.45

  • It's no "required" unless your mortgage provider is insisting upon it. If that's not the case then you/your solicitor are being very unreasonable in not accepting an indemnity policy (and given the age of the doors, even insisting on that is fairly unreasonable).
  • Wizzbang
    Wizzbang Posts: 4,716 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Rampant Recycler
    Thanks, that's helpful- you can only go by the legal advice you're given. No our mortgage provider isn't bothered.

    Will we have a problem when we come to sell on though?
    Minimalist
    Extra income since 01/11/12 £36,546.45

  • Wizzbang wrote: »
    Yes, regularisation certificate for patio doors (solicitor and surveyor say it is required). Can't believe they would be wrong.

    Vendors can't get an indemnity policy because the local council has already been made aware of the issue. (We had to do this, since they refused to produce a certificate).

    It's not a legal requirement. Your solicitor and surveyor can only advise you to obtain it. Your local council will have no interest in these doors after so many years.

    Do the doors function properly? Keep drafts out and are in general good order?
  • Wizzbang wrote: »
    Thanks, that's helpful- you can only go by the legal advice you're given. No our mortgage provider isn't bothered.

    Will we have a problem when we come to sell on though?

    No,

    Just be honest when selling. " I don't have FENSA / CERTASS or building regs for the Patio doors"

    No longer an issue :)

    Your vendor didn't help themselves by saying they could get the cert.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kiddakidda wrote: »
    Are we talking about building regs for Patio Doors?

    No, the removal of a sizable piece of a structural load bearing wall to enable the doors to be fitted.

    Gamble is whether it will collapse or not.
  • Wizzbang
    Wizzbang Posts: 4,716 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Rampant Recycler
    Thrugelmir wrote: »
    No, the removal of a sizable piece of a structural load bearing wall to enable the doors to be fitted.

    Gamble is whether it will collapse or not.

    Oh you're really mature and helpful. Go and find something profitable to do with your time!
    Minimalist
    Extra income since 01/11/12 £36,546.45

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