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Environmental search not passed- mortgage application

alex96
Posts: 6 Forumite
Hi all,
I’m in desperate need of advice. Me and my partner were literally due to exchange contracts today and complete next week, only to receive news from our solicitor stating that they received local search and that the property did not pass environmental search and a moderate to high risk of subsidence! Our broker advised us to wait until Monday before paying the deposit as our solicitor’s will be in contact with the sellers solicitors to ask why this was not revealed earlier and will let us know whether our solicitors think it’s worth proceeding based on their response. I’m
completely baffled by the whole situation and can’t believe only on the day of the exchange that we received such news, what will this mean? is it likely to be resolved or not? these are the emails from our solicitor:
Unfortunately your Environmental Search has not passed in relation to potential contaminated land and there is a suggestion relating to the land’s previous use that the property may be affected by contaminated land or could be in the future. I have therefore requested that your seller’s representative provide a report from the council to confirm that the property is not subject to any clear up operation relating to contaminated land or they are aware of any future risks/issues. I am also required to report this search result to your mortgage lender and await their instructions that we may proceed. It is important that when you obtain your buildings insurance cover for the property following exchange of contracts you advise your chosen provider of this search result. Failure to do so could result in your insurance being void should any related issues arise in the future. If you wish to make your own enquiries regarding this search result you can of course contact the local council direct or present the search to your surveyor for their comments.
and then we received the following email:
I write further to recent correspondence and pleased to report to you with the final replies to enquiries received from the seller solicitors. Please find enclosed herewith a copy of the replies together with a copy of the enquiries raised for your ease of reference. I would be grateful if you could please read through the replies carefully and should you have any queries or concerns please don’t hesitate to contact me.
Whilst writing, I am pleased to enclose herewith the following documentation received from the seller solicitors for your attention:-
National Home Energy Certificate
Energy Performance Certificate
NHBC Certificate. Please note the certificate confirms that the property was signed off with Building Regulations. This satisfies the Further Action required on the Environmental Search.
NICEIC Electrical Documentation
Disclosable Interests form completed by the seller
Leasehold Information form completed by the seller.
I’m in desperate need of advice. Me and my partner were literally due to exchange contracts today and complete next week, only to receive news from our solicitor stating that they received local search and that the property did not pass environmental search and a moderate to high risk of subsidence! Our broker advised us to wait until Monday before paying the deposit as our solicitor’s will be in contact with the sellers solicitors to ask why this was not revealed earlier and will let us know whether our solicitors think it’s worth proceeding based on their response. I’m
completely baffled by the whole situation and can’t believe only on the day of the exchange that we received such news, what will this mean? is it likely to be resolved or not? these are the emails from our solicitor:
Unfortunately your Environmental Search has not passed in relation to potential contaminated land and there is a suggestion relating to the land’s previous use that the property may be affected by contaminated land or could be in the future. I have therefore requested that your seller’s representative provide a report from the council to confirm that the property is not subject to any clear up operation relating to contaminated land or they are aware of any future risks/issues. I am also required to report this search result to your mortgage lender and await their instructions that we may proceed. It is important that when you obtain your buildings insurance cover for the property following exchange of contracts you advise your chosen provider of this search result. Failure to do so could result in your insurance being void should any related issues arise in the future. If you wish to make your own enquiries regarding this search result you can of course contact the local council direct or present the search to your surveyor for their comments.
and then we received the following email:
I write further to recent correspondence and pleased to report to you with the final replies to enquiries received from the seller solicitors. Please find enclosed herewith a copy of the replies together with a copy of the enquiries raised for your ease of reference. I would be grateful if you could please read through the replies carefully and should you have any queries or concerns please don’t hesitate to contact me.
Whilst writing, I am pleased to enclose herewith the following documentation received from the seller solicitors for your attention:-
National Home Energy Certificate
Energy Performance Certificate
NHBC Certificate. Please note the certificate confirms that the property was signed off with Building Regulations. This satisfies the Further Action required on the Environmental Search.
NICEIC Electrical Documentation
Disclosable Interests form completed by the seller
Leasehold Information form completed by the seller.
0
Comments
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That's not actually a big deal, it's just that you were wanting to exchange. Except you weren't ready, and that's why it's stressful.
The council will almost certainly confirm that contamination is not an issue.
Clay soil carries a subsidence risk. It doesn't make it a problem house. The whole of London is built on clay and people still live there. Your house is presumably quite new if it was built with building regs sign off, so it will have half decent foundations, better than most of the housing stock, anyway.
Chill.Everything that is supposed to be in heaven is already here on earth.
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You are not in the position to tell me to chill, you do not know me or the circumstances, everyone knows that getting a mortgage is one of the most stressful things, especially as first time buyers.
In any case we received email saying nhbc deemed it as pass and lender would be happy to proceed with the same but thanks for your “advice”0 -
OP, there is really no need for that last remark, you will find that advice or help dries up quickly with that attitude.0
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What an awful response to a helpful reply. I certainly won't be providing any help if that's the response I can expect.0
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You are not in the position to tell me to chill, you do not know me or the circumstances, everyone knows that getting a mortgage is one of the most stressful things, especially as first time buyers.
In any case we received email saying nhbc deemed it as pass and lender would be happy to proceed with the same but thanks for your “advice”
That's just rude, especially as a response to someone as knowledgeable as Doozergirl. Yes, we all know that this is a stressful experience, that's precisely why you need to chill.0 -
Well that ended well !! Some people need to be reminded that manners cost nothing0
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if telling someone to chill when you are already very concerned is not rude but my response is, then you all have issues.0
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You are not in the position to tell me to chill, you do not know me or the circumstances, everyone knows that getting a mortgage is one of the most stressful things, especially as first time buyers.
In any case we received email saying nhbc deemed it as pass and lender would be happy to proceed with the same but thanks for your “advice”
Chill.
Being so rude to someone who regularly gives good advice and has such extensive knowledge of the building trade will win you no friends here.
I would suggest an apology.When using the housing forum please use the sticky threads for valuable information.0 -
Furthermore your lack of chill is aiding your panic, misinterpretation and rudeness clearly . I actually wondered what your query even was given the solicitor (who also acts for the lender) already said they are happy with the nhbc certificate which satisfied the environmental search issue.0
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If you had broken your leg and needed help healing it and are very worried and I told you to chill making you feel like you exaggerate the situation, would you interpret that as good advice?
clearly this is more a community of friends rather than advice I do not appreciate passive aggressive comments.
The solicitors has only given us this email in the evening, it was this morning they have said the property did not pass the environmental search.0
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