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What is reasonable to expect from vendor? (Repairs outside of their immediate control
Bossypants
Posts: 1,286 Forumite
Here's the situation: I'm in the middle of trying to purchase a leasehold flat. I'll say up front that I'm holding onto this place with both hands, as it has some features which are very rarely seen in the area/price bracket, and which would significantly improve the quality of life of myself and my dependants. As such, I really don't want to walk away.
In a nutshell, the kitchen has damp in the walls which the surveyor confirms is coming from the badly maintained roof terrace of the flat above. Because of the construction of the building, the damp is not seeping into other areas of the flat, but it is nevertheless a serious issue which needs urgent attention.
When it came to light after the survey, I asked the vendor (through the EA) to work with the freeholder on getting it fixed, as it will either be a building responsibility, or the responsibility of the flat above. My question is, what is reasonable to expect in this area in terms of completing the purchase? Should any requirements be written into the contract, and if so what?
The vendor has been responsive and seems willing to assist, and has ordered quotes from two firms for the repairs, but at the same time, she has just moved to a foreign company and is starting up a new business, so understandably the sale is not at the forefront of her mind. She also doesn't seem to be all that savvy in this area, doesn't have her freeholder's contact details, etc. I'd like the issue to be resolved, obviously, but I'm not sure how much to hold out for here, and I must admit that I'm very impatient to proceed.
In a nutshell, the kitchen has damp in the walls which the surveyor confirms is coming from the badly maintained roof terrace of the flat above. Because of the construction of the building, the damp is not seeping into other areas of the flat, but it is nevertheless a serious issue which needs urgent attention.
When it came to light after the survey, I asked the vendor (through the EA) to work with the freeholder on getting it fixed, as it will either be a building responsibility, or the responsibility of the flat above. My question is, what is reasonable to expect in this area in terms of completing the purchase? Should any requirements be written into the contract, and if so what?
The vendor has been responsive and seems willing to assist, and has ordered quotes from two firms for the repairs, but at the same time, she has just moved to a foreign company and is starting up a new business, so understandably the sale is not at the forefront of her mind. She also doesn't seem to be all that savvy in this area, doesn't have her freeholder's contact details, etc. I'd like the issue to be resolved, obviously, but I'm not sure how much to hold out for here, and I must admit that I'm very impatient to proceed.
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Comments
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The seller has obtained quotes. Have you seen them? How much is it going to cost? Is it to make good in your flat, or also to repair the other flat which is at fault? If you're so keen perhaps you old coneto an arrangement regarding who pays/reduction in selling price of ths amount/agreement from freeholder that it will be covered by sinking fund etc? The work old be done after you move in, if it is not putting you off going ahead. Or do you actually want the work finished before you complete? This would clearly take longer, but then you would know it had been done. On the other hand, with damp it can take a few weeks to reappear after making good, if the cause is unresolved, so who is to say, even if you have it done first, that it will not recur?
It's a tricky one. I declined buying a flat because of a similar issue. I could see it was a construction issue, as other flats had damp patches under the upstairs balconies, so I steered clear as it was unlikely to be resolved and I couldn't live with it.0
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