How to legally warn others NOT to Buy

ess0two

sophiaswaight wrote: »

Hi Inny,

Thanks for your comments but if you cant be helpful, please don't comment.

I wouldn't be surprised if you turned out to be the vendor of said property. As you and him seem to share the same insular, pleonectic attitude

You need to get a life and move on.

societys_child

sophiaswaight wrote: »

Hi,

Thanks, jamesperrett for your comment. Yes although i am a first time buyer, Im not overly sensitive. If you had read my post correctly you would have seen that the bank imposed a retention and were taking these problems very seriously.

To elaborate they imposed a fixed £5000 retention which would remain even if the vendors reduced the asking price by an equivalent amount

A £5000 retention isn't so unusual, my son had the same problem many years ago (5K was a lot more then) with a property he was trying to buy.

What you've got to realise is that surveyors cover their backs and often over-egg any problems. In my sons case the surveyor got things so wrong, it was unbelievable.

Just as an example he claimed there was rising damp everywhere. There was no rising damp at all, the house hadn't been lived in for almost a year and there was a slight leak in the bathroom. The problem was solved by simply opening the windows and airing the place at a cost of . . . £ zero. A surveyor should have known that rising damp really, really can't spread 7 ft up the wall - and especially manifest itself above 4ft and 6ft wide windows!!! He should also know condensation when he sees it.
Floors close to the leak were fixed and treated for about £250. All the other scary tosh in the survey were things that needed no attention at all.

It took a lot of effort and a bit of arm twisting to get the surveyor to come back. He never admitted he was wrong but said he was happy with the work that had been carried out and would contact the bank . . . the retention was removed.

Many threads on here regarding problems first time buyers have with surveys :eek:

googler

sophiaswaight wrote: »

How can the system be fair if the buyer loses out on £750 and the seller loses nothing and there is no recourse for him to do it to someone else

Why we haven't adopted the Scottish system of the buyer seeing the homebuyer report before offering escapes me. It makes no sense !

... then it strikes me your time might be better spent lobbying your MP for change in this respect, a change which would benefit the whole marketplace, not just those expressing interest in this one property.

Lord_Baltimore

sophiaswaight wrote: »

As the house has now been re-advertised on rightmove, with the same sales particulars , what can we do to warn buyers of the real condition of the property!

Well, I can understand why you're annoyed despite what others say. I'd certainly tell the EA what the results of your reports are and I would subsequently check the listing to see if the information was reflected.

I wonder if someone might submit a 'fake' offer to stall the sellers' sale for several months; this isn't advice, just me thinking out loud .

pelirocco

mark88man wrote: »

Quite right - its a free world OP was wrong to try and control this thread.

However, in the situation where you as alleged vendor have just tried to pull the wool over unknown parties in a fraudulent way (ie knowingly deceiving the buyer of your property) the fact that you think the law is then on your side if anyone deems to point it out. On what grounds will you sue? When the facts are clearly stated in a professional report,

Have I missed something? When did it become a free world?

sophiaswaight

societys_child wrote: »

A £5000 retention isn't so unusual, my son had the same problem many years ago (5K was a lot more then) with a property he was trying to buy.

What you've got to realise is that surveyors cover their backs and often over-egg any problems. In my sons case the surveyor got things so wrong, it was unbelievable.

Hi thanks for your reply,

This property however was not a vacant possession and was and still is being marketed as a fully refurbished property. I understand that people perceive the severity of problems differently but the property was being marketed above the ceiling price of the road and therefore we didn't expect it to have the problems associated with a fixer upper. We feel it is unfair that other potential buyers will be deceived by the sales particular and level of finish and inevitably waste time and money pursuing this property, only to be disappointed when the survey comes back.

We have wasted 7 weeks and £750, as well as losing out on viewing other property which have gone under offer in the interim. We just wanted others to have all the information up front so they could decide what they were getting involved in.

IMO thats not revenge or bitterness thats just looking out for other fellow buyers. At least the saving grace was that we were legally able to walk away. I know we've had a lucky escape.

Realistically the size of the property would have meant that any FTB wanting to start a family would need to move on. Paying the fixed retention, rectifying all the problems and covering the costs of re-doing the finish, that would have been undone from doing the works, would mean any equity in the property would have been used up. Plus who pays the extra to buy a refurbished house and then has to spend even more money to refurbish it.

Gingernutty

I lost over £1000 trying to buy a house.

It was advertised with Estate Agent A.

Just as there was starting to be talk of completion dates and my mortgage was agreed, a forgotten mine shaft was found on a survey.

Not the Coal Board's own survey, mind, but the local Council's. It was less than 25m away from the house and partly under another house in the same street.

The mortgage offer was withdrawn and, despite frantic efforts by my mortgage broker, including further valuation fees for the other mortgage lenders, there was no hope of finding another.

I had to withdraw my offer as there was no way I could pay cash even though the new valuation which I had to pay for was less than half the original asking price.

The vendor refused to accept there was anything wrong with his property and refused to budge on price.

The vendor, through his solicitor, then requested the all the surveys. I kept the originals and sent copies. He then had no excuse for not knowing.

The following month, I saw the same house, on the market for more money with Estate Agent B.

I called Estate Agent B and told them that I was interested in this property and whether it would sell as I had lost money trying to buy it and I told them why.

The someone I spoke to from Estate Agent B told me he didn't believe me and so I copied the survey results again, brought them into the shop and showed him the copies and originals before leaving, having received an apology from Estate Agent B for effectively calling me a liar.

The house was withdrawn from sale but has periodically shown up on the local housing market for decreasing sums advertised as cash only and for investment buyers.

Tell the estate agent what your surveys found and give them copies of the survey results.

Then walk away.

csgohan4

If I was the buyer buying this house, I would tell you where to put it and mind your own business. That's what getting my own survey done is for. I would be questioning what this person's motive would be? gazumping or trying to get me to withdraw my offer.


Sooner or later the seller will realise, buyers are smart enough to request survey's and will have an empty property not selling due to not being forthcoming with the facts. They will then have to either fix the problems or auction the house or cash buyers only.

moneyistooshorttomention

...and, if I were someone else intent on buying this house, then I'd appreciate being told the real "state of play" about its condition.

The thought might cross my mind as to why they were warning me off - but, if evidence was produced as to the state it was really in, then I would take it at face value and be glad I'd been saved from being conned into wasting my time and money.

I like Gingernutty's suggestion of handing copy of the (failed) survey to the estate agent concerned - then they cant possibly say they don't know about the house condition.

runforlife

Look at it like this Sophia. Prob the best £750 you've ever spent. Fortunate escape.