Advice pls with Estate Agents

mummyflesh

Hi All

Looking for some advice please I am a FTB so this is all new to me.
We are in the process of buying a house the HBR advised us to get a Structural Engineer report done which did as it raised a few issues.
We went back to the seller and asked them if we could come to an agreement with some work that needs to be done. They said fine we will knock it off the purchase price. We are in the process of obtaining quotes.
From us going to the Estate agent to suggest that we come to an agreement there has been resistance with the estate agent they wouldn’t pass on our question. The EA kept asking for copies of the HBR and the SER so they could pass them on. My solicitor had advised us not to do this and to send parts of the report.
It’s since come to our attention that the seller has some how got hold of the report and they have admitted this on a text to us. They said that they got it from my solicitor but my solicitor has not got a copy of this. When the EA asked the seller they have denied having the SER despite what they have said. I am really loosing confidence with this as I feel if they can’t tell me the truth about that then what else are they hiding.
The EA is now saying that I am preventing her from doing her job as I am not sending her the reports. Is this true?
Please any comments welcome and hugely appreciated.

mummyflesh

Sorry I should also say I am willing to send parts of the reports regarding the issues just not the full report

G_M

You want money knocked off based on the contents of the report.


at the very least you will have to send relevant parts of the report otherwise the seller has no idea whether you are just inventing stuff or not.


so send it.


As for whether the seller has or has not somehow obtained the report, well, if they have, then

a) sending them parts to support your price negotiation won't harm and
b) they will already know that there are reasons for the price negotiation- again that can only help you.

eddddy

mummyflesh wrote: »

When the EA asked the seller they have denied having the SER despite what they have said. I am really loosing confidence with this as I feel if they can’t tell me the truth about that then what else are they hiding.

The EA is now saying that I am preventing her from doing her job as I am not sending her the reports. Is this true?
Please any comments welcome and hugely appreciated.

• So you have a seller who is trying to fool you by bluffing (lying) about having a copy of your report.

• And an aggressive EA who is trying to bully you into doing something that your solicitor has advised you not to do.

Welcome to the world of house buying!

So you have to decide whether you think it's worth trying to have a sensible conversation/ negotiation with the seller and EA.

In a similar situation, things got so difficult that I told the EA that I wasn't going to discuss anything further, my reduced offer was £x, and the seller could take it or leave it.

The seller eventually accepted - but TBH, I wouldn't have been surprised if they had walked away.

SmashedAvacado

I am not sure why you are resistant to sending the whole report to them - other than perhaps if it confirms the value of the property notwithstanding the work needing doing.

I appreciate your solicitor has advised you not to, but have you asked them why they are advising you not to? What harm will it actually do?

In the interests of trying to get a deal done you should think about what is in your best interests? Is not sending the report really not in your best interests?

Surrey_EA

eddddy wrote: »

• So you have a seller who is trying to fool you by bluffing (lying) about having a copy of your report.

• And an aggressive EA who is trying to bully you into doing something that your solicitor has advised you not to do.

.

And a buyer who is effectively saying "I have evidence of a problem that requires rectifying, and I would like a price reduction as a result, but I'm not going to show you anything to back up my claims."

Not terribly helpful.

Albala

1) If you are tempted to hand over your reports, check first the T&Cs, you may not be allowed to. Personally, I wouldn't. And haven't. But that's your choice, provided it is allowed.

2) You need to find out how they got the information they have got from the reports
3) Get and send quotes for the work that needs doing. That's what they need to know for renegotiation. I don't understand the weird obsession with sellers seeing surveys, which seldom cost up any work, when the cost of the work is what you are negotiating about.

Albala

SmashedAvacado wrote: »

I am not sure why you are resistant to sending the whole report to them - other than perhaps if it confirms the value of the property notwithstanding the work needing doing.

I appreciate your solicitor has advised you not to, but have you asked them why they are advising you not to? What harm will it actually do?

In the interests of trying to get a deal done you should think about what is in your best interests? Is not sending the report really not in your best interests?

They may have been advised not to because the survey was done on condition only the client and their legal advisers are allowed to see it. Some are.

csgohan4

Albala wrote: »

They may have been advised not to because the survey was done on condition only the client and their legal advisers are allowed to see it. Some are.

So will you be willing to pay for another survey to be done for the vendor then?

You can't possible believe a vendor, a stranger will take your word for it, if a problem is found?? You would be an idiot if you did.

My Full building survey didn't have this nonsense stipulation of not being able to show, it's not like it's secret nuclear codes. Even if it did, the worst that could happen is no indemnity for the vendor.

Surrey_EA

Albala wrote: »

I don't understand the weird obsession with sellers seeing surveys, which seldom cost up any work, when the cost of the work is what you are negotiating about.

Let's assume I'm selling my house.

The buyer comes back and tells me that the roof needs replacing, but as he believes I have a weird obsession there is no need to actually present me with any evidence there is a problem with my roof.

I am of the opinion that whilst not brand new my roof is in perfectly serviceable condition and good for many years to come.

Not unsurprisingly my buyer disagrees and approaches a roofing firm to provide a quote for a new roof. It's hardly necessary to point out that roofing firms make their money by replacing roofs - what are the chances of them saying "actually, that roof is absolutely fine, no issues at all, we'll be on our way, good day to you."

Wouldn't it be super helpful if there was someone, a professional accredited person who had inspected the property and whose opinion might be trustworthy?

SmashedAvacado

Albala wrote: »

They may have been advised not to because the survey was done on condition only the client and their legal advisers are allowed to see it. Some are.

Then they wouldn't be able to disclose part would they...?

Most reports are written for the benefit of particular people (ie third parties cannot rely on them), its pretty unlikely that such a confidentiality obligation would be enforceable as its a consumer contract, and its unthinkable that you wouldn't be able to show the contract to a friend or a builder as part of the buying process.