Just about to exchange then vendor asks for more ££

Brightspark87

Hi we are close to exchanging (yay!) all been smooth sailing until now.

I knew something would go wrong but I feel really annoyed about this.

He doesn't have the certificates for either the double glazing windows nor the new boiler fitted in early 2013. So our solicitor has asked for indemnity policies.

He is now saying he won't pay for them as he agreed to leave the wood left in his wood store and gas canisters. Now he offered these as we offered full asking price next working day after viewing and said we would move quickly. We've done this. He now says this is £1000's of wood and gas (its really not - he gathered the wood for free and gas is c£60 a bottle).

He said if he pays for this policy he will sell the wood and gas rather than give it too us.

I want to tell him where to stick it and pay the policy himself but what are your thoughts?!

martinsurrey

Do you want to walk away?

He certainly sounds crazy enough to walk away, or worse, remove everything not nailed down if you don't pay, so you walk in on completion to get a surprise.

For the sake of a few hundred, I'd rather buy peace of mind.

Brightspark87

Well, the he can't walk away - he has paid a deposit on a new build already. He had the first offer fall through 5 weeks after starting the process in February and we came in first week of April.

Its the principle of it for me - why should we have to pay this money because he didn't do the work properly? Or at least ensure all the paperwork was complete. His responsibility.

we have tried our best to be as nice as pie and done everything ASAP - including starting engaging with our solicitor when she was taking a break after the buy to let rush finished on april 1st.

I just feel like he isn't being fair.

spadoosh

Both of you need to ask yourself if its worth not selling/buying for the sake of a few hundred quid tops.

Too many people get involved, people start thinking theyre getting stiffed and act accordingly.

If you think you can get the wood and gas cheaper i would ask him to pay the indeminity if not i would offer to pay the indemnity.

Our seller kicked off at us when our solicitor asked them to pay for the indemnity on the drive, that on paper nicked a bit of the council grass. Upon speaking to her she soon calmed down when i asked if all the stress was worth the £11 she would have to pay. Ironically she left a bunch of stuff that when i asked if she would be collecting it she said no and do what i want with it. Made £160 at a car boot!

Madmel

We had this; in fact there was a long gap between exchange & completion (both parties were happy) then vendor turned round a week before completion and asked for another £175 to cover the oil in the tank. I was really upset as we were stretched to the limit but received some good advice on here and in the end said nothing, did nothing and he left the oil. Like you, we offered full asking price and felt that he was taking the proverbial.

Do not speak to the vendor or let him see that you are rattled. If he contacts you, direct him to his solicitor. If yours has advised these certificates or an indemnity policy, he will soon get the message. Hopefully it will sort itself out quickly and you'll be on your way.

aniahill

I had to order a new FENSA cert as mine wasn't supplied to me (was paid for by the previous owners as part of the sale and not given to me); it only costs £25, but you can view them online to see if there are any.

You can also contact the Gas Safe folks about the boiler (mine was fitted by someone registered but he didn't register the installation so I had to have it recommissioned)

It's not the end of the world to not have these certificates, but being a responsible seller, I've paid to sort them out, rather than d*ck about our sellers. Yours seems like he might be a pain...

Brightspark87

thanks guys

I don't mind but to be honest its more of a pain for him to move the wood and gas than it is to leave it and if he had done what he was suppose to do when getting the windows etc sorted there wouldn't be an indemnity to pay!

We are speaking to solicitor first thing tomorrow but I think I might say to her he can pay the indemnity unless its £30 or less and I will. The wood is all in a horrid log store we wanted to get rid of anyhow so worst that happens we have to sort that and before winter get some proper logs in! Until then we can burn the wood from the log store hahaha!

Nice to know its not just us you have had these little issues Thank you!

Grenage

I can see where the seller is coming from, and I can see where you are coming from. These indemnity policies for things like lack of a FENSA certificate are a monstrously pointless ripoff. Hell, even a certificate wouldn't tell you they'd been installed to any acceptable level.

Alas, this is the modern way, and it's generally the seller who coughs up. In your position, I would simply tell him that he gets the policy, or you won't buy his house. He's going to buy the policy.

LEJC

Have you checked the fensa website to see that a certificate was issued for the windows.....

give me a min and I will see if I can find it

http://www.fensa.co.uk/asp/certificate.asp

there is a charge for re issue...but at least you will be able to see by entering in the postcode and house number whether one was issued


sorry no suggestion for the boiler but wonder again if you have the details of the engineer who fitted you can check that they were registered to carry out the job...et etc

rtho782

Your vendor is not asking for more money, your solicitor is asking for money for indemnity policies.

You're asking for money from him - for him to pay for your indemnity policies.

eddddy

If you're buying through an EA... this kind of petty squabbling is best handled by the EA.

A good EA should be able to diffuse these kinds of conflicts with a few phone calls - whereas solicitors letters can sound cold and aggressive.

Otherwise, attitudes can harden; buyer and seller can start hating each other; and a transaction can fall apart over almost nothing.