Access to property

Hot_Properties

Hi I am in the process of selling my property and although I had no problem with the person who wants to buy the property to have access to any surveys they wanted to do. They are pushing for me to sign and exchange asap. The problem I am having is with the terms in the contract:
1, To allow them access the the property within 48 hour notice.
With regards to access they have been doing there surveys and I have said get it done before exchange, but they say we want to exchange than get it done and they also said that after exchange if they find anything wrong they want to have the right to withdraw without loosing the deposit. So far i have simply said no I would not accept this.
2, They also said why is your solicitor advising you against this he should not be advising you?
Is my solicitor, my solicitor is he not supposed to advise me?
3, They said they want to do some ground soil survey, and they said this would take 6 weeks, also would cost 10,000 pounds, and also said they put sensors down there.
Whats the game the buyer is trying to play?

marksoton

Hot_Properties wrote: »

Hi I am in the process of selling my property and although I had no problem with the person who wants to buy the property to have access to any surveys they wanted to do. They are pushing for me to sign and exchange asap. The problem I am having is with the terms in the contract:
1, To allow them access the the property within 48 hour notice.
With regards to access they have been doing there surveys and I have said get it done before exchange, but they say we want to exchange than get it done and they also said that after exchange if they find anything wrong they want to have the right to withdraw without loosing the deposit. So far i have simply said no I would not accept this.
2, They also said why is your solicitor advising you against this he should not be advising you?
Is my solicitor, my solicitor is he not supposed to advise me?
3, They said they want to do some ground soil survey, and they said this would take 6 weeks, also would cost 10,000 pounds, and also said they put sensors down there.
Whats the game the buyer is trying to play?

Heard the term " Jog on " ? I suggest you use it.....

Once exchanged in England there is an obligation to purchase with penalities for failing to do so.

As for point 3, i'll carry out the work for £3000 and give you a full GI and WAC test report to boot.

Tell this clown to do one. Seriously.

G_M

Hot_Properties wrote: »

The problem I am having is with the terms in the contract:
1, To allow them access the the property within 48 hour notice.
Just say no.
With regards to access they have been doing there surveys and I have said get it done before exchange, but they say we want to exchange than get it done
that's their choice. A stupid choice, but not your probem.
and they also said that after exchange if they find anything wrong they want to have the right to withdraw without loosing the deposit.
That's not what happens in house buying in England /Wales.
Once they exchange contracts, they have to buy (the hint is in the wording "CONTRACT'" If they change their mind for any reason you keep their 10% deposit AND claim any financial losses you have as a result
So far i have simply said no I would not accept this.
Good for you, though your soliitor should be telling them this, not you.
2, They also said why is your solicitor advising you against this he should not be advising you?
Not their business. Are they using a solicitor themselves? If they want to ask questions, tell them to ask via their solicitor.
Is my solicitor, my solicitor is he not supposed to advise me?
Of course he should advise you.
I'm sure he has advised you exactly as I have above. Listen to him.
3, They said they want to do some ground soil survey, and they said this would take 6 weeks, also would cost 10,000 pounds, and also said they put sensors down there.
Whats the game the buyer is trying to play?

If they want to pay £10,000, AND pay you a retainer to repair any damage they cause, AND you are willing to wait 6 weeks, then let them go ahead.

Is there any reason you know of why they might want this survey?

But I agree with Mark above: find another buyer who knows what they are doing.

Marvel1

I would pull out selling to these muppets, it will get worse.

AnotherJoe

Nightmare buyers, avoid.

Can you explain this soil survey they want costing £10k? Do you have a very unusual property or large grounds such as a farm or are you in a ex-mining area? Are they drilling for oil?

eddddy

Are you selling to developers at a premium price?

This sounds like the kind of conditional contract that developers often use.

If that's the case, you need to get a specialist land agent and specialist property solicitor to advise you.


A typical example of how conditional contracts work...

You have a property that is normally worth, say, £200k.

A developer says "I will pay you £400k, but only if I'm able to knock down the house and build a block of flats."

It might cost the developer, £10k to £50k to investigate the feasibility of building the flats, obtain planning consent etc

The developer is saying "I'm not going to spend £10k to £50k, unless you guarantee to sell me the property at the end of it"

So you sign sign and exchange a conditional contract that says...

- If the block of flats is feasible, the deal is done at £400k

- If the block of flats isn't feasible, the deal is off. You walk away with nothing, and the developer walks away with a £10k to £50k loss

Is that similar to your situation?

davidmcn

Given this board is mainly about bog-standard residential property transactions, you might want to tell us what sort of property it is and what sort of deal you think you've agreed (£10,000 worth of surveying suggests something more exotic).