Vendor won't seek regularisation and Solicitor won't let me buy

Ondene

I'm currently pretty much at the end of the conveyancing process and my solicitor has requested that the vendor seek regularisation of a loft conversion.

The vendor however, is refusing to do so citing "insufficient funds" after going to the council for a quote (why?), making seeking indemnity Insurance impossible now.

My solicitor is refusing to proceed with the sale without regularisation of the conversion despite me telling them to just press on without. It is worth noting that my mortgage provider doesn't actually require this be obtained if "in their professional opinion", the solicitor deems the risk of council building regulations enforcement being served as improbable.

I really don't know what to do now as I love the property so much and both sides (myself and the vendor) are happy to proceed? 

davidmcn

How old is the loft conversion? What has your surveyor said about it?

Thrugelmir

The banks money is potentially at stake. The solicitor carries liability. 
Will make a difference to the property's value future value if it has to be sold. 

notrouble

Have you written to the solicitor

a)  stating clearly you are prepared to take the rish and to press on without, and

b) asking if "in their professional opinion", the solicitor deems the risk of council building regulations enforcement being served as improbable."?

If a) is yes, and b) yes, the solicitor should proceed.

If b) is no, there is nothing you can do. Approaching the lender is pointless as they will simply refer to the solicitor's advice to them.

britishbug

How do you feel about paying for it? 

AdrianC

Your solicitor is not the final arbiter. His clients are. Yes, plural, because he has two - you and the lender.

If you're both happy to ignore his recommendation, then you can go ahead. However, it's very unlikely the lender will be.

princeofpounds

Unfortunately in his professional opinion there is a likelihood of building regs being enforced. Probably because the vendor went to the council. 

Your best bet is to threaten to pull out, unless you fancy stumping up a few hundred more quid for the vendor's mistake. You may well find the vendor suddenly does have the money after all. It would probably be less expensive for them than losing the sale.

Surrey_EA

princeofpounds said:

Unfortunately in his professional opinion there is a likelihood of building regs being enforced. Probably because the vendor went to the council. 

It would be pretty unusual for that to happen.
As someone has already asked - when was the conversion carried out?

Ondene

Surrey_EA said:

princeofpounds said:

Unfortunately in his professional opinion there is a likelihood of building regs being enforced. Probably because the vendor went to the council. 

It would be pretty unusual for that to happen.
As someone has already asked - when was the conversion carried out?

The loft conversion was carried out in 2012, so the enforcement period is well gone. I'm told they can only investigate it now on the grounds that it might be unsafe. 

I have stated to my solicitor that I intend
to get the loft regularised anyway at some point after completion. 

I will try to respond to the other comments later when I get some free time. 

kazwookie

How much is the quote?

Can you suggest a 50/50 split on it?

Ondene

kazwookie said:

How much is the quote?

Can you suggest a 50/50 split on it?

~£750 but I see 2 issues with this.
1. If I give them money now, in theory they can just run with it, or decide the house is now worth more and not sell to me once the certificate is obtained. 
2. The work will not pass the regulations inspection. I'm already pretty sure it won't, otherwise it would have already been sought out.