*Nearly sorted* Problems before exchanging contracts

leix2012

*Nearly sorted*

We need help, advice or just someone's input on this situation please.

Our whole sale has been going very slow, offer accepted in May. home survey was done in June. It was very disappointing, they said it was 14k under the offer we accepted. Never got a reason why.

Our house was bought as New Build in Aug 2011, with solar thermal (Only heats up water)


On 5th Aug : Matter outstanding which concerned the building control of the construction of the property.


On 7th Aug : NHBC Buildmark Insurance Certificate does not cover Building Control (Keepmoat didn't register it through NHBC) They said they will require Completion Certificate for the entire property construction as well as Gas Safe (Already sent in July as we had boiler checked earlier this year) MSC for the solar panels (this is how its wrote on email) we sent them in July document to say it was commissioned to building regs etc. (Husband rang MSC said whole street does not have a certificate for them but they are owned by us no one else)
They want FENSA for windows doors as per FENSA site and Keepmoat one isn't given on new builds but everything was signed off on Building Controls. Lastly NICEIC which we again sent in July which was done month we moved in, same one is available to buy online.

On 8th Aug : We got in touch with the council they sent us Building Control Certificate which was only 1 page. They also said due to nature of these works an Indemnity Policy is not sufficient (We don't understand, we haven't changed anything in our house)

On 13th Aug : They ask us to confirm that Building Control Regulation Completion Certificate for '205 Dwellings' (Which does have plot number on ) also covers installation of boiler, solar panels, windows/doors and electrics. If not we will require all of what I mentioned about.


Can anyone shed any light what is going on here? Solicitor don't answer our questions when we ask, we are buying a another new build they want to exchange contracts. We were planning to move out at end of month as our 4 kids are due start new school in September.

Thank you for reading

AdrianC

8yrs after completion, whether it had BC sign-off or not is academic in terms of any potential enforcement - it's as much as anything just a tick-box/comfort hug for the buyer and their legals.

No, an indemnity won't be any use to man or beast - because it would simply cover the costs of any enforcement (which won't happen), and wouldn't be any use anyway since you've already spoken to the LA.

Really, you've got two choices.
1. Keep providing whatever paperwork the buyer's over-cautious legals demand until they're either happy or hell freezes over, whichever comes first.
2. Tell the buyers "Sorry, but this is utterly ridiculous. It's going back on the market unless you exchange in the next week."

leix2012

AdrianC wrote: »

8yrs after completion, whether it had BC sign-off or not is academic in terms of any potential enforcement - it's as much as anything just a tick-box/comfort hug for the buyer and their legals.

No, an indemnity won't be any use to man or beast - because it would simply cover the costs of any enforcement (which won't happen), and wouldn't be any use anyway since you've already spoken to the LA.

Really, you've got two choices.
1. Keep providing whatever paperwork the buyer's over-cautious legals demand until they're either happy or hell freezes over, whichever comes first.
2. Tell the buyers "Sorry, but this is utterly ridiculous. It's going back on the market unless you exchange in the next week."

Thank you for that, we have though about saying we need to exchange or we are going to pull out this is so stressful and frustrating.

Yalpsmol

Give them everything you have. Advise them you have nothing else. Advise them you have been in contact with the council for some matters so an indemnity isnt an option for them. Any further enquiries on the matter refer them back to your first response (we have nothing further). They and their lender can decide whether they still want to proceed. No point them to-ing and fro-ing for things you arent going to be able to provide anyway.

leix2012

Yalpsmol wrote: »

Give them everything you have. Advise them you have nothing else. Advise them you have been in contact with the council for some matters so an indemnity isnt an option for them. Any further enquiries on the matter refer them back to your first response (we have nothing further). They and their lender can decide whether they still want to proceed. No point them to-ing and fro-ing for things you arent going to be able to provide anyway.

Thank you

We did scan and send everything we had, even took all paperwork to our solicitors (which is what my husband is going to go back and collect today) our solicitor have not helped us in anyway, are they meant to do that?

I am wondering if buyers mortgage may not proceed without some of these documents.

AdrianC

leix2012 wrote: »

our solicitor have not helped us in anyway, are they meant to do that?

How do you want them to help you?

They're telling you what the buyers' solicitors are asking for, and forwarding everything you provide in response. It's not their job to decide whether or not the request is reasonable - especially if the decision not risks the sale.

leix2012

AdrianC wrote: »

How do you want them to help you?

They're telling you what the buyers' solicitors are asking for, and forwarding everything you provide in response. It's not their job to decide whether or not the request is reasonable - especially if the decision not risks the sale.

What I mean is, when we sent the building control document from the council to our solicitor we asked if this was right thing they were after, but only got a reply of that its been past on.

We have never done this before, so no idea how it is all meant to work. Me and my husband are feeling like we haven't done something right here.

jamesh2702

Hey I'm experiencing this (from the buyers side) - forums.moneysavingexpert.com/showthread.php?t=6035163

Exact same scenario - I've decided to go ahead with the purchase. My solicitor went to my lender but they didn't have any guidelines in relation to this.

My suspicion is that solicitors are trying to tick a box that they can't. The fact that mine was asking about FIT means this must be the case as a solar water heater cannot have a FIT contract as they only apply to PV panels. Mine actually advised on getting a lease change (who owns the panels/responsible for them/covered by insurance etc) but this isn't practical in a block with lots of leasehold flats.

I've got as much paperwork as I can from the seller and am going ahead with the purchase.

leix2012

jamesh2702 wrote: »

Hey I'm experiencing this (from the buyers side) - forums.moneysavingexpert.com/showthread.php?t=6035163

Exact same scenario - I've decided to go ahead with the purchase. My solicitor went to my lender but they didn't have any guidelines in relation to this.

My suspicion is that solicitors are trying to tick a box that they can't. The fact that mine was asking about FIT means this must be the case as a solar water heater cannot have a FIT contract as they only apply to PV panels. Mine actually advised on getting a lease change (who owns the panels/responsible for them/covered by insurance etc) but this isn't practical in a block with lots of leasehold flats.

I've got as much paperwork as I can from the seller and am going ahead with the purchase.

Thank you I have had a read over your thread it was helpful to read, yes tick box has crossed our minds too. We are in contact with our buyers, I do hope we can come to an agreement on this but as far as their solicitor's we can't get any further with them.

davidmcn

AdrianC wrote: »

How do you want them to help you?

They're telling you what the buyers' solicitors are asking for, and forwarding everything you provide in response. It's not their job to decide whether or not the request is reasonable - especially if the decision not risks the sale.

They ought to be more proactive than it sounds like they're being, and if the buyers are asking for the impossible (or the unreasonable), arguing that in order to get the transaction over the line.

leix2012

14th Aug : They still want building regulation completion certificate.