Buyer wants to do work after exchange before completion...

martin1959

Hi


Just wanted thoughts.


Our buyer has a koi pond and wants to bring his fish when he moves, but will need a pond for them.


He will need to remove them from his current property before or on the day he moves.


He has asked if we would allow him to have a new pond built in our garden after exchange, but before completion, so he can transfer the fish.


I must add, we have a very large garden, and it will not be in the way.


I cannot see any issues with this, as at worst, if completion does not happen, I will get 10% of purchase price and a free koi pond!


Any thoughts?

questionss

I personally would agree because it's in the garden and should be relatively cheap to fill in if he did it wrong, left it half done & didn't complete etc.
I would make sure that equipment used was spades and barrows not minidiggers wrecking your garden!

SplanK

Personaly, I would say no, as even at Exchange, things can still go wrong.


However, if it helped the sale, then I would allow a temporary storage tank and allow them to move the fish into that. I would also want it documented somewhere that I would not be responsible for the tank, or anything living in it.

audigex

As long as it won't be in your way, then I'd say yes but with conditions

1) Hand tools only, not diggers (unless it can be done easily and without damaging anything)

2) They keep any removed soil nearby, so it can be easily replaced

3) As SpanK, a signed disclaimer that they agree to put anything right if they cause damage, you take no responsibility for the livestock or pond, etc

Unless you have young children, in which case I'd say no, sorry.

G_M

Yes I'd agree but would take advice from my conveyancer (if I was using one) on the wording of an agreement. As others have said,

* Where exactly the pond will be
* what dimensions
* what happens to 'spoil' (removed? piled up for a rockery? chucked over the fence?)
* Built with.... prefab? Liner?
* type of eqipment used
* built by who?
* access how?
* how long? all in one day? a week? longer?
* areas of the garden not to be disturbed/damaged/accessed
* hours of work (ie not later than X O'clock)

Maybe take a 'damage deposit' just in case......?

martin1959

Thanks all


This is useful info. I would hate the fish to be put in and they all croak for some reason, so some kind of disclaimer is a very good idea.

globalds

It won't be your house soon ..Let him do what he wants ..Just tell him you need some way of being reassured the cost of remedial work is at your disposal if something goes pear shaped

Mickygg

I must admit I wouldn't allow it. I'd be too concerned about damage, digging into something, wacking the house etc etc. Its potential hassle.

But then I'm sore from asking similar request before and being told no. I asked to store stuff in garage on completion day so I could get out of my place first thing but I was told no.

I'm sure your solicitor would advise no.

paulsad

I'd say yes to be honest; right now I'd love your predicament as we have a somewhat"reluctant" buyer. At least you know he's 100% or near as dammit - he'd be liable if any hiccups!

moneyistooshorttomention

SplanK wrote: »

Personaly, I would say no, as even at Exchange, things can still go wrong.


However, if it helped the sale, then I would allow a temporary storage tank and allow them to move the fish into that. I would also want it documented somewhere that I would not be responsible for the tank, or anything living in it.

Plus getting a little bit extra percentage deposit at Exchange than normal - to allow for the cost of removing said storage tank if it all went belly up.

barbiedoll

If he's building a pond for his koi, I doubt that it'll be anything small, my neighbour used to keep koi and his pond was over 5ft deep, he used to swim in it!

It definitely shows the signs of a committed buyer, and if you're happy that it wouldn't disturb your garden should he fail to complete, then why not? You should find out how he's going to dig it though, a deep pond is not going to be built quickly by hand.