Do I listen to my solicitor?

Toptom1

Thought i was going to exchange today but didn't. I agreed with the vender that she will get a damp proof course done between exchange and completion. However at the 11th hour my solicitor told me that he advices me that i don't exchange till work is done. The vender will not get the work done untill I exchange. So the estate agent is cancelling the dpc. The works was booked in for this Monday!!

Do I just exchange and and complete for the agreed time of 24th april
Don't exchange at all untill she gives in and gets the work done
Right a clause in that the vender will get the dpc done between exchange and completion.

Any other advice on what to do.

Thrugelmir

Were the works at the lenders request?

G_M

1) don't rely on the vendor to do this, either before or after Exchange. He has no incentive to do a proper job.
2) don't rely on the estate agent either - he selects a contractor on the basis of the commission they pay him, not on the quality of their work. Plus remember he works for the seller, not you.

If the property really needs 'a damp proof done' (whatever that means), then get the price reduced, and get it done yourself once you own the property. You can then choose the right contractor to do the right job.

Toptom1

It's at my request and was long agreed this its just my soliciter giving me his advice. The dpc is around the chimney breast and the works will come with a 20 year garuntee. If she gets the work done and we also exchange would I be liable for the costs if the seller doesn't pay up even tho she is going too.

Hoploz

Solicitors will err on the side of caution. You should expect the condition of the house to be as you want it to be before you exchange.

The contract for the work would be with the seller so you would not be liable for any unpaid bill.

It is (slightly) possible something could go wrong during the work I don't know what but for example the chimney falls down or something after they've fiddled at the bottom of it. Or the contractors notice there are other urgent works needed. Who pays?

You are liable for insurance after exchange so things get tricky. How do you know the work is done to a good standard? You might find the warranty is a useless piece of paper if the work is done by some fly-by-night quoting a cheap price.

I can understand you solicitors point. And I can understand your vendor being annoyed that you made an agreement and now you're moving the goalposts. What on earth made you agree that the work should be done between exchange and completion? Seems a bit strange to me.

Toptom1

Was the estate agents suggestion as the vender Aparently doesn't have the £600 for the dpc. Maybe it's just a bargaining power. For me it ain't a problem but I don't pay for a solicitor and not listen to his advice. I think I might just ring the solicitor on Monday and add into the contract that the dpc will be done between exchange and completion at the venders exspence. What bothers me is that it's another week to wait as I've already planned stuff to move on the 24th.
getting work done between exchange and completion is unusual?

princeofpounds

Did you ask your solicitor WHY that was his advice?

I am surprised you haven't had a proper conversation about this. There are other ways of dealing with this. The most simple would be to reduce the price by the cost of the work and do it yourself after completion. In fact that is almost always a better way to do this as you can control the standard of work and don't have to think about suing anyone for failing the work. It should make little difference for the vendor- in fact less hassle and less capital required to finance the job first.

Alternatively, you exchange but agree a retention, so the vendor has the certainty of exchange but doesn't receive the money until the work is done, so you don't need to worry about enforcing a judgment for failing the work.

Toptom1

Yea that's exactly what I'm thinking. I think I shall tell my solicitor these 2 suggestions and see which he thinks is most suitable.

Most definitely the most stressful time of my life.

Annie1960

Toptom1 wrote: »

Was the estate agents suggestion as the vender Aparently doesn't have the £600 for the dpc. Maybe it's just a bargaining power. For me it ain't a problem but I don't pay for a solicitor and not listen to his advice. I think I might just ring the solicitor on Monday and add into the contract that the dpc will be done between exchange and completion at the venders exspence. What bothers me is that it's another week to wait as I've already planned stuff to move on the 24th.
getting work done between exchange and completion is unusual?

This sounds incredibly stupid to me.

Why do you think it's a good idea for your vendor to do this? It is your responsibility as the buyer to do any works necessary. Did this show up in a survey? If so, you can either just accept it and do it after you have moved in, or see if you can get a reduction in the price to help with the cost.

Relying on the vendor to do this is bizarre.

Freecall

This sounds more complex than it need be.

Surely you either buy the house with any defects corrected in advance or you accept that the house has defects and buy knowing this at a price which reflects the work which needs doing.

Work being undertaken between exchange and completion sounds like a recipe for disaster to me.

martin1959

How much have you already paid out on solicitors fees, searches, survey etc.


For the sake of £600 are you prepared to possibly lose the property if the vendor just decides she has had enough and puts the property back on the market (possibly at a higher price as properties will have likely risen since you put in your offer).


Arguing over a few hundred pounds in the scheme of things seems a bit short sighted.....