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Completed on property - burst water pipe days before
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The insurance will not cover anything that occurred before the policy was purchased.
Hasn't your solicitor given you any advice on the vendors' responsibility to turn over the property in the same condition as at exchange?"Real knowledge is to know the extent of one's ignorance" - Confucius0 -
The insurance will not cover anything that occurred before the policy was purchased.
Hasn't your solicitor given you any advice on the vendors' responsibility to turn over the property in the same condition as at exchange?
Sort of but haven't been clear about it.
Before my initial inspection, when the vendor spoke to me and said they had replastered and and redecorated the walls, he also said he could take a look at the floors but would 'need more time'.
I'm not that bothered about the floors as I want to replace them. That said I asked my solicitor if I would need to get this 'offer' in writing from the vendor/his solicitors. My solicitors informed me that I shouldn't need to as the contract states that the property (including flooring and carpets) should be handed over on completion in the same state as exchange. So they seem to be aware.
I know insurance wouldn't pay out for anything that initially occurred before the policy but what if the issue only becomes apparent during the policy.0 -
It's usually (always?) a condition of the mortgage that you have insurance cover prior to exchange - I am surprised the mortgage company, your solicitor and/or yourself missed this.
You will not be able to get an insurance company to cover this retrospectively.
We had a hidden leak, it took industrial dryers 6+ months to get the water out of the walls and floors (we were put up in a hotel nearby, we were out of the house for our wedding and the claim ran to tens of thousands). There is no way this could have been done properly in just days.
You need to escalate this issue with your solicitor to get guidance on the best path. You may end up having to pay for remedial work and claiming it back against the seller. Better safe than sorry but take advice first.Thinking critically since 1996....0 -
I know insurance wouldn't pay out for anything that initially occurred before the policy but what if the issue only becomes apparent during the policy.
It's moot because everyone knows about it now.
In my example above the leak was caused by some shoddy work in installing an in-wall toilet by the previous owners - they knew there was a problem because they had carefully placed a drip-tray and a few rags under the leaking joint ,then closed it up and plastered the wall for us to find years later when the tray overflowed. The remedial work was all covered by our current insurance company despite the issue being there/caused by the previous owners.Thinking critically since 1996....0 -
*UPDATE*
I emailed the solicitors again for further advise on alternative routes of recourse given the insurance situation.
In the email I highlighted the fact that as inexperienced first time buyers, we were completely unaware of the necessity to have insurance in place at exchange rather than completion, and stated that I'd read most solicitors will not exchange until evidence of this was provided.
I then got a call from a partner in the firm (mother of a good friend of mine - hence why I used them), apologising for what we're going through. She stated there had been a number of illnesses at their firm recently, hence our case was being handled by several different people including a locum. She accepted that this is probably where the miscommunication or lack of advice from them has occurred, as she herself would typically always ensure the buyer is aware of their insurance obligation.
And whilst not accepting liability she has instructed their insurance company to be aware of a potential claim from us. She brought this up as a solution, I didn't threaten it.
What she wants from me is a quote in terms of the remedial repairs which may be required, from a reputable damp proofing company. I have now booked in a survey for this Friday with Tapco Homedry (a very well reviewed company in this field from what I can see online - if anyone has any experience please share).
I have had to pay a £114 deposit upfront for the survey, which will be deducted from any future works required. They will then provide a full report with quoted estimates within 4 working days (i.e. probably Friday week). They will also raise any obvious initial concerns with us more immediately.
Whilst the law firm partner hasn't accepted liability I suppose it is a step in the right direction. I suspect that their willingness to help us is genuine, and given I have a personal link to the partner's daughter, I'm hopeful they will view our case favourably. But of course there are no guarantees.
Is there anything else I should do in the meantime or should I just go along with this as my best route to sorting the issue without huge personal cost?0 -
If fresh plaster was put onto a damp wall, it will most likely "blow" at some point soon. This is where the plaster loses it's bond with the surface it was plastered on to. I would personally want the wall taking back to the brick to avoid any doubt at all about how far the dampness has spread.
Keep an eye on the plastering - if it has been painted over too, then there are now two barriers - one between the damp wall and plaster, and another between the damp plaster and the paint. It'll be a messy job to have it repaired, but your peace of mind will be well worth it.
Where was the leaking pipe? Painting the entire ground floor seems unnecessary (even a bit OTT) if only a couple of walls were effected.
Try not to stress too much about this - it might not be as big a job as you might expect. We're just having 4 bedrooms stripped back to the brickwork and re-done - now that is a messy job!0 -
If fresh plaster was put onto a damp wall, it will most likely "blow" at some point soon. This is where the plaster loses it's bond with the surface it was plastered on to. I would personally want the wall taking back to the brick to avoid any doubt at all about how far the dampness has spread.
Keep an eye on the plastering - if it has been painted over too, then there are now two barriers - one between the damp wall and plaster, and another between the damp plaster and the paint. It'll be a messy job to have it repaired, but your peace of mind will be well worth it.
Where was the leaking pipe? Painting the entire ground floor seems unnecessary (even a bit OTT) if only a couple of walls were effected.
Try not to stress too much about this - it might not be as big a job as you might expect. We're just having 4 bedrooms stripped back to the brickwork and re-done - now that is a messy job!
Thanks for the tips (and reassurance, even if I don't feel particularly good just yet!)
The leaking pipe I believe was in the bathroom, on the side of the building (first floor). There is a large damp patch on this side on the external wall.
Funnily enough the bathroom itself doesn't appear to be too affected (it's well tiled and sealed), and both the bedrooms upstairs seem unaffected. However, the lounge wall is the one I'm most worried about (would be the interior side of the exterior damp patch if that makes sense), also bordering on the kitchen - we're going to be gutting the kitchen so won't be precious if damp-proof company wants to take units out.
The cupboard under the stairs also seems really damp. I suspect water ran out of the bathroom, onto the upstairs landing, bypassing the two bedrooms either side, and came down the stairs. A neighbour who noticed the outside leak on the side exterior said they looked through letter box and saw flooding inside. I suspect the floors may have to come up too - again not precious about this as we intended to replace.
It's very difficult for me to say how big a job but I'll know more from Friday. And hopefully my solicitor's insurer will pick up the tab. *fingers crossed*0 -
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What she wants from me is a quote in terms of the remedial repairs which may be required, from a reputable damp proofing company. I have now booked in a survey for this Friday with Tapco Homedry (a very well reviewed company in this field from what I can see online - if anyone has any experience please share).0 -
Did that neighbour tell you the date they noticed that flooding through the letterbox?
All round - I would have thought there is a good chance the flooding occurred before Exchange and not after Exchange.
If it occurred before Exchange - then it's the vendors problem (or, to be more accurate, their insurance company's problem).
I'd certainly be asking anyone that comes in for a look at this for their opinion as to the likely date the flooding happened (ie to check out whether before or after Exchange).
Even if it happened after Exchange - ie basically your insurance company's problem - then it may be that the vendors insurance cover was still in place on the house up to date of Completion. It was on my current house - and that meant that both of us had got it insured in the event (ie the vendor and myself). Rather "belt and braces" - but at least that way someone's insurance company would have paid in the event of a problem occurring (and they could have argued it out between themselves as to just who would "catch that ball").
There is one niggling factor there imo. That being that there is a chance your surveyor might have/should have spotted a possible problem. My surveyor duly told me that the water hadn't been turned off in this house (which was empty/had been for a while when I moved in). He then suggested to me that I "ask" the vendor to switch off the water - because he could see a possible problem lurking re leaks if that wasn't done. I duly "asked" the vendor/water was turned off/there wasn't a problem.0 -
fairy_lights wrote: »Surely it's not damp proofing you need though, but rather a quote for replastering?
Perhaps, but these guys specialise in damp proofing as well as water damage restoration.
I'm guessing it's the water damage restoration bit that I'm looking to take care of.
EDIT: https://www.tapcohomedry.com/0
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