Buyer wants to negotiate over damp, even though there’s a warranty

Flowerfiesta

Hi all,

Hoping for some advice!
We’re in the process of selling our small Victorian end terrace. We were very close to exchange (all that was left was a a statutory declaration to sign) when our buyer informed us she was getting a damp survey (8 weeks after her building survey).

The buyer has reported that there is £15k worth of work that “needs” to be done, and would like to renegotiate based on this. (Note, the surveyor was independent, however upon reading the report it seems as if he’s pointed out both immediate and long term solutions, like a building survey)

The damp survey showed what appeared to be the damp proof course failing. This is currently under warranty by the company who installed it in the late 90s. The company is still trading. However, the buyer has included this in her renegotiation at £4K. We believe we wouldn’t have to renegotiate over this as it would be covered under warranty

The survey also identified some damage to parts of the render and recommended replacing all render and installing external insulation as a “longer term” solution to help the way the house responds to atmosphere to manage condensation. This was £8-10k in the report. Our thoughts are that this is an option for her to consider in the future, and to be aware of, but we’re not sure it’s reasonable for us to renegotiate to cover this, particularly as it would represent a substantial upgrade to the house. There are much cheaper options to remedy condensation. We will of course arrange to have any localised repairs done.

Finally, some problems with guttering were recognised, which we would fix/renegotiate and some plaster may need to be repaired on a two walls in the upstairs bedroom (we don’t have time to fix this but could reneg)

At most, these costs would be a fraction of the £15k originally requested.

Any thoughts on how reasonable her request or our response is? It’s hard to know when emotion is involved, especially this late in the day.

ciderboy2009

What are the problems with the guttering?
Also, the plaster which may need to be repaired - how likely is this and how big are the patches?

Personally these are the only points I would even consider negotiating with them on and even then the max I would go on them is 50% of the cost.

I would actually start by telling them where to go (obviously not quite that bluntly).

Flowerfiesta

Thanks ciderboy!
There’s an end piece missing on one of the gutters, and one down pipe doesn’t direct water in to a drain (just dumps near the house) so we’d need to redirect that.

Plaster damage is related to dampness in the walls upstairs, potentially linked to condensation or some kind of penetrating damp, but this is not definite. It’s only a small room, and refers to two walls.

eddddy

One approach you could take, if you want, is:

• Mention the points you make in your post

• Explain that the property was originally priced to take account of its current condition

• Ask what their Mortgage lender's valuer valued the property at, in it's current condition

You could offer a "goodwill" reduction at the same time, if you thought it necessary.

Jumblebumble

Flowerfiesta wrote: »

Hi all,

Hoping for some advice!
We’re in the process of selling our small Victorian end terrace. We were very close to exchange (all that was left was a a statutory declaration to sign) when our buyer informed us she was getting a damp survey (8 weeks after her building survey).

The buyer has reported that there is £15k worth of work that “needs” to be done, and would like to renegotiate based on this. (Note, the surveyor was independent, however upon reading the report it seems as if he’s pointed out both immediate and long term solutions, like a building survey)

The damp survey showed what appeared to be the damp proof course failing. This is currently under warranty by the company who installed it in the late 90s. The company is still trading. However, the buyer has included this in her renegotiation at £4K. We believe we wouldn’t have to renegotiate over this as it would be covered under warranty

The survey also identified some damage to parts of the render and recommended replacing all render and installing external insulation as a “longer term” solution to help the way the house responds to atmosphere to manage condensation. This was £8-10k in the report. Our thoughts are that this is an option for her to consider in the future, and to be aware of, but we’re not sure it’s reasonable for us to renegotiate to cover this, particularly as it would represent a substantial upgrade to the house. There are much cheaper options to remedy condensation. We will of course arrange to have any localised repairs done.

Finally, some problems with guttering were recognised, which we would fix/renegotiate and some plaster may need to be repaired on a two walls in the upstairs bedroom (we don’t have time to fix this but could reneg)

At most, these costs would be a fraction of the £15k originally requested.

Any thoughts on how reasonable her request or our response is? It’s hard to know when emotion is involved, especially this late in the day.

No one with any sense should be interested in this warranty.
Unfortunately the purchaser is right to assume that it will not pay out or the company will go bust tomorrow or any number of other reasons that they will not fix the DPC as most of these warranties are not worth the paper they are written on.

foxy-stoat

If the damp proof works were carried out over 20 years ago then the warranty wont be worth claiming - unless you have the paperwork to the contrary.

Everything else was on the survey that their offer was based on - so you have the option to decline the offer and re advertise it, or accept it. The choice is yours.

robatwork

Flowerfiesta wrote: »

The damp survey showed what appeared to be the damp proof course failing. This is currently under warranty by the company who installed it in the late 90s. The company is still trading. However, the buyer has included this in her renegotiation at £4K.

If I was the buyer I would be renegotiating on this point too. It's up to you to show them

a) It's under warranty
b) They are still trading
c) The warranty is transferrable
d) The failing DPC is covered under the warranty
e) They can claim on this and get it paid for or remedial works done for nothing

This won't be easy but as a first step I would be digging out the warranty, checking the terms, and starting a claim based on the survey. Unless you can prove e) I would be tempted to offer at least half (2k) towards the work.

Comms69

Flowerfiesta wrote: »

Hi all,

Hoping for some advice!
We’re in the process of selling our small Victorian end terrace. We were very close to exchange (all that was left was a a statutory declaration to sign) when our buyer informed us she was getting a damp survey (8 weeks after her building survey).

The buyer has reported that there is £15k worth of work that “needs” to be done, and would like to renegotiate based on this. (Note, the surveyor was independent, however upon reading the report it seems as if he’s pointed out both immediate and long term solutions, like a building survey)

The damp survey showed what appeared to be the damp proof course failing. This is currently under warranty by the company who installed it in the late 90s. The company is still trading. However, the buyer has included this in her renegotiation at £4K. We believe we wouldn’t have to renegotiate over this as it would be covered under warranty

The survey also identified some damage to parts of the render and recommended replacing all render and installing external insulation as a “longer term” solution to help the way the house responds to atmosphere to manage condensation. This was £8-10k in the report. Our thoughts are that this is an option for her to consider in the future, and to be aware of, but we’re not sure it’s reasonable for us to renegotiate to cover this, particularly as it would represent a substantial upgrade to the house. There are much cheaper options to remedy condensation. We will of course arrange to have any localised repairs done.

Finally, some problems with guttering were recognised, which we would fix/renegotiate and some plaster may need to be repaired on a two walls in the upstairs bedroom (we don’t have time to fix this but could reneg)

At most, these costs would be a fraction of the £15k originally requested.

Any thoughts on how reasonable her request or our response is? It’s hard to know when emotion is involved, especially this late in the day.

In effect it's no different to the buyer saying, I've changed my mind and this is my revised offer. Whether we think it's reasonable is largely irrelevant, buying and selling is a negotiation where two parties ultimately agree an amount

G_M

My thoughts

Flowerfiesta wrote: »

Hi all,

Hoping for some advice!
'''''
The buyer has reported that there is £15k worth of work that “needs” to be done, and would like to renegotiate based on this. .......

The damp survey showed what appeared to be the damp proof course failing.
Failing where and how? What evidence? Internal damp? Smell? Mould? Peeling paint/wallpaper? Damp meter readings?

Externally what? Raised ground level breaching dpc? dpc's themselves rarely 'fail' - it tends to be other factors causing damp

This is currently under warranty by the company who installed it in the late 90s. The company is still trading. However, the buyer has included this in her renegotiation at £4K. We believe we wouldn’t have to renegotiate over this as it would be covered under warranty
how long is the warranty - a 19/20 year warranty is not really worth the paper.....
Is the warranty transferrable?

The survey also identified some damage to parts of the render and recommended replacing all render
So a Porsche solution to drive to the shops! Re-patch the render unless the damage is very severe/extensie

and installing external insulation as a “longer term” solution to help the way the house responds to atmosphere to manage condensation.
So a Rolls Royce solution to drive to the shops! A purely optional 'nice-to-have' extra.

This was £8-10k in the report. Our thoughts are that this is an option for her to consider in the future, and to be aware of, but we’re not sure it’s reasonable for us to renegotiate to cover this, particularly as it would represent a substantial upgrade to the house. There are much cheaper options to remedy condensation. We will of course arrange to have any localised repairs done. indeed

Finally, some problems with guttering were recognised, which we would fix/renegotiate trivial. Man on ladder. £30-50?

and some plaster may need to be repaired on a two walls in the upstairs bedroom (we don’t have time to fix this but could reneg)
repared why? Just old/worn with a few cracks? That would have beenobvipusto the buyers when they viewed and hence included in the agreed price.
Or damp? Caused by.... the gutter problem? Fix the gutters.

At most, these costs would be a fraction of the £15k originally requested. agreed

Any thoughts on how reasonable her request or our response is? It’s hard to know when emotion is involved, especially this late in the day.

I'd probobly reject any proposed reduction in price, along with an explanation of why.

FreeBear

Flowerfiesta wrote: »

The damp survey showed what appeared to be the damp proof course failing. This is currently under warranty by the company who installed it in the late 90s.

The survey also identified some damage to parts of the render and recommended replacing all render and installing external insulation as a “longer term” solution to help the way the house responds to atmosphere to manage condensation.

Addressing the two points quoted...
As others have already said, a DPC does not "fail". It is usually bridged by elevated external ground levels, or subjected to water leaking from faulty rain goods or pipes. Chemical injection of a "DPC" is a waste of money, and the guarantee is pretty much worthless - Read the exclusion clauses and it will cover just about everything.

This render - Cement or K-Rend type ?
If so, totally unsuitable for a solid brick wall which is typical of most Victorian properties. If you have had waterproof render/plaster applied on the inside when the DPC work was done, just hope that your buyer is ignorant of the problems this causes. Solid brick walls should be plastered/rendered with a traditional lime mortar to help manage any issues with damp.