Can I ask the seller to contribute?

martinsurrey

Mallotum_X wrote: »

It would be a foolish solicitor that allowed exchange without the tree issue being dealt with. Yes a contract could be drawn up at even more cost, but the reality is it is far simpler to be dealt with before exchange.

Simpler for the buyer, but for the seller?

The OP could cut the tree down and then not exchange, the owner would be left with a butchered garden.

macman

But if the sale falls through, the vendor is left holding the bill-and has no tree. As per post 10, make it a condition of sale, to be carried out between exchange and completion. Who pays for it can be resolved by negotiation.

DebtFree2012

We're in a similar situation but about another issue and it's frustrating as hell. Who comes out to check the work has even been done? The lender?

davidmcn

Mallotum_X wrote: »

It would be a foolish solicitor that allowed exchange without the tree issue being dealt with. Yes a contract could be drawn up at even more cost, but the reality is it is far simpler to be dealt with before exchange.

Not dealing with it at all, yes, but not sure why it would be foolish to put it in the contract? There already is a contract being drawn up - it's hardly rocket science to add conditions to it.

davidmcn

DebtFree2012 wrote: »

We're in a similar situation but about another issue and it's frustrating as hell. Who comes out to check the work has even been done? The lender?

Depends what your lender (and you) want - they might want a reinspection to take place, they might just take your word for it.

clare_73

Thanks for all your advance - lots to think about.

I'm happy to pay for the work if this is common practice (as I said I'm a first time buyer so no previous experience of these things) - ideally I'd like to exchange before the work is done, and then get on with things myself, scope it out a bit more, so I guess the best bet is to speak to my solicitor.

This is the wording in the 'special instructions' section of my formal mortgage offer:

'In the mortgage valuation report the valuer has mentioned that the property is built on susceptible shrinkable subsoil, there is a potential risk to damage to buildings or services caused by trees/vegetation nearby. Although no damage was seen, you must obtain specialist advice from a registered aboriculturalist prior to legal commitment to purchase and implement any recommendations made to ensure that your buildings insurance policy remains unaffected.'

clare_73

Advice I mean, not advance!!

danslenoir

clare_73 wrote: »

Thanks for all your advance - lots to think about.

I'm happy to pay for the work if this is common practice (as I said I'm a first time buyer so no previous experience of these things) - ideally I'd like to exchange before the work is done, and then get on with things myself, scope it out a bit more, so I guess the best bet is to speak to my solicitor.

This is the wording in the 'special instructions' section of my formal mortgage offer:

'In the mortgage valuation report the valuer has mentioned that the property is built on susceptible shrinkable subsoil, there is a potential risk to damage to buildings or services caused by trees/vegetation nearby. Although no damage was seen, you must obtain specialist advice from a registered aboriculturalist prior to legal commitment to purchase and implement any recommendations made to ensure that your buildings insurance policy remains unaffected.'

The instructions clearly state that advice from a specialist and recommendations implemented should happen prior to legal commitment to purchase.

So you won't be able to exchange before the work is done. Not only that, but shrinkable soil (i.e. clay-based) is the worst kind of soil for subsidence and heaving so you'd be absolutely mad to want to exchange without knowing what implications felling the tree might have on the structure of your purchase property. Is this discussed in the report you commissioned? If not, I'd follow-up and seek additional specialist advice if necessary.

davidmcn

danslenoir wrote: »

The instructions clearly state that advice from a specialist and recommendations implemented should happen prior to legal commitment to purchase.

So you won't be able to exchange before the work is done.

No, they could make the contract conditional on the work being implemented. They're then still not committed to complete the purchase without the work being done.

martinsurrey

danslenoir wrote: »

The instructions clearly state that advice from a specialist and recommendations implemented should happen prior to legal commitment to purchase.

So you won't be able to exchange before the work is done. Not only that, but shrinkable soil (i.e. clay-based) is the worst kind of soil for subsidence and heaving so you'd be absolutely mad to want to exchange without knowing what implications felling the tree might have on the structure of your purchase property. Is this discussed in the report you commissioned? If not, I'd follow-up and seek additional specialist advice if necessary.

I don't know what you are reading but it states

"specialist advice from a registered agriculturalist prior to legal commitment to purchase and implement any recommendations made to ensure that your buildings insurance policy remains unaffected."

NOT

"specialist advice from a registered agriculturalist and implement any recommendations made prior to legal commitment to purchase to ensure that your buildings insurance policy remains unaffected."

one means get advice before you commit, one means to get advice AND act before you commit It also states that its concerned about the insurance not about the mortgage.