Please help: Mis-sold house, who’s at fault?

Doozergirl

All sounds good to me. Those door closers wouldn’t be there if they hadn’t have taken some care.

You’re right, the solicitor should have said but you’re doing the homework now that would have been done before purchase and you’re actually learning more about your house in the process - which is probably a good thing.

If it had 4 or 5 inspections you will have adequate insulation and are indeed only probably missing that final inspection (and I bet that electrical cert that the vendor obtained late!)

This is exactly why people are wrong when they say that it isn’t a bedroom without a certificate. Your conversion will be miles better than most.

Rob-123

Thanks Doozergirl, yes it seems most things have probably been done correctly, however I have just spoke to the surveyor who is coming to arrange a time for Tuesday, he said his inspection will be to 2017 Regulations, and insulation is likely not going to be good enough, especially if we are finding it very cold up there. He’s never heard of a solicitor not advising caution in a situation like this.

If everything is done correctly except the insulation (for example the rafters in the eaves are just roof tiles then felt, no insulation whatsoever) I’m assuming it won’t pass until it’s sorted. And sorting that will involve taking down ceiling/walls reinsulating and putting back up and plastering.

davidmcn

Rob-123 wrote: »

A more conservative approach than most house buyers take..? How do you know what approach most housebuyers take when they are actually told that there is no certificate in place..?

I know that's the case from my experience in acting as a property solicitor. You can also search previous similar scenarios on this forum.

In many cases it would simply be impractical (or impossible) to get certification retrospectively.

Rob-123

Thanks DavidMCN

As you have experience in that field, would you say that the solicitor should have made me aware that they knew there was no certificate? Instead of saying there was a building regs document but the sellers solicitors didn’t need to provide it?

AdrianC

Rob-123 wrote: »

I also think that I have paid over the odds because it’s not a 5 bedroom, legally it’s a 4 bedroom with a loft room.

There is no "legal" difference. A bedroom is a room with a bed in it. You can put beds in as many or as few rooms as you like.

You have bought the house you looked around, and which you paid a surveyor to look round. What did the surveyor say about value?

Chappers27

bobobski wrote: »

Perhaps you should have read your solicitor's report and all ancillary documents more thoroughly and asked questions before committing to buy this property? Just a thought.

Congratulations. You win the double award for the most pointless and most antagonistic post of today.

davidmcn

Rob-123 wrote: »

Thanks DavidMCN

As you have experience in that field, would you say that the solicitor should have made me aware that they knew there was no certificate? Instead of saying there was a building regs document but the sellers solicitors didn’t need to provide it?

Yes, like I said above.

Doozergirl

Rob-123 wrote: »

Thanks Doozergirl, yes it seems most things have probably been done correctly, however I have just spoke to the surveyor who is coming to arrange a time for Tuesday, he said his inspection will be to 2017 Regulations, and insulation is likely not going to be good enough, especially if we are finding it very cold up there. He’s never heard of a solicitor not advising caution in a situation like this.

If everything is done correctly except the insulation (for example the rafters in the eaves are just roof tiles then felt, no insulation whatsoever) I’m assuming it won’t pass until it’s sorted. And sorting that will involve taking down ceiling/walls reinsulating and putting back up and plastering.

How many times do you think. Building Control inspect?

This house didn’t have four or five inspections before the insulation went in. It would probably have had two, if that. The BCO will have seen it in situ!

You have two different issues here. One is a lack of a certificate, the other is that you say the room is cold. It sounds like they are now separate from each other.

The Building Control file will tell you very quickly what insulation is there. I would be very surprised if there is none and there were pretty much as many inspections as one would ever need carried out. Given what we know, I do not believe that there is no insulation.

If something has gone wrong with it, that actually has nothing to do with your solicitor as BC would have checked that already and were only waiting on the final inspection to certify. That would not have involved insulation as insulation is in early stage.

Insualtion requirements then and now are barely different.

Rob-123

The surveyor said that estimated price was correct, but as I’ve already said, under the title Issues For Solicitor it says they need to ensure they obtain the correct certificates. As my solicitor had a copy of the survey they must have been aware of this if they wasn’t already which I doubt unless they are incompetent.

I’m trying to find out what the visits were for but can’t get hold of them.

Ultimately, if this is going to cost me a considerable amount of money to get a final completion certificate, I will be trying my best to claim against the solicitor I used. There are too many grey areas. I wasn’t given a copy of the council results. They told me there was a building regulation document but now I know there wasn’t. My solicitor did not know the age of completion of the work and therefore cannot use the excuse they didn’t obtain a copy due to the age of the work.

AdrianC

Rob-123 wrote: »

Ultimately, if this is going to cost me a considerable amount of money to get a final completion certificate, I will be trying my best to claim against the solicitor I used.

I'd be spending my money on answering that third question, personally, not wasting more time, effort and blood pressure on the first two.