Retaining wall collapsed whilst viewing!

jen_79

I went to view a property and the rear garden has (or had!) a small wall that I've since been told was a retaining wall for the garden. The garden was all overgrown, full of rubbish and weeds, so was an absolute mess. The wall is quite high up and overlooked a patio.

It was tilting like the leaning tower of pisa and not thinking straight, I placed my hand on it to give it a wobble and of course it immediately collapsed. I'm surprised someone sneezing 100 miles away hadn't caused it because it must have been hanging on by sheer will power alone.

The owner lives in another country and it has tenants so I couldn't talk to anyone except the agent. When they called me the next day I thought it was a follow up call but the owner wants me to arrange quotes and then pay to fix it.

I was tempted to tell them to get lost then realised I don't actually know if I'm culpable. I can try and find a solicitor but does anyone know if I am liable? How much should replacing a retaining wall cost? It's about 4 metres wide, maybe 3 courses tall but it was on top of a concrete slab that was head height.

tehone

Ask the EA/owner about their public liability insurance details, so you can see if your solicitor wants to put in a claim for the harm that was nearly caused to you - that should shut them up!

AdrianC

They're having a giraffe.

The cost of fixing it is not on you. Tell the agent that, if the vendor really insists, they're welcome to launch a small claim against you - but, in the meantime, please cancel any outstanding viewings you have booked with the agency and remove your name from their mailing list because you do not wish to do business with somebody who would be part of such a scam...

The owner of the property in such a dangerous condition should be thankful that you weren't claiming for injuries from them.

Greatgimp

jen_79 said:

It's about 4 metres wide, maybe 3 courses tall but it was on top of a concrete slab that was head height.

These measurements look wrong - 4 metres thick x 200mm high?

macman

All depends on your definition of 'give it a wobble'. If you just leaned on it, I'd consider that a reasonable thing to do with a wall. If you had been injured, would it be reasonable to ask you to pay for the damaged wall?
However, what he can't expect is betterment: so he shouldn't be getting a new wall.
I'd be tempted to say 'see you in court': you'll probably hear no more. Tell his insurers to sort it out.

macman

tehone said:

Ask the EA/owner about their public liability insurance details, so you can see if your solicitor wants to put in a claim for the harm that was nearly caused to you - that should shut them up!

I was nearly hit by an asteroid today. Luckily, it just missed me. But I can't put in a claim for something that didn't happen, however close it was.

ChewyyBacca

woah!! 
During viewing, its normal to open kitchen cupboards, windows, closet doors, built in wardrobes etc. If the door comes off in your hand, are you liable to pay for it? This is ridiculous!

cattie

Not sure if you're liable or not, probably too honest! Surely the owner has buildings insurance he can claim on? 

greatcrested

Retaining which way? Did it fall towards(onto) you, or away from you?

If towards, that bruising on your leg and foot has meant you can't work so you'll naturally be claiming for lost wages caused by this dangerous and poorly maintained structure......

Even if away, some debris could easily have landed on/crushed your toes....

Even if you were liable (which I strongly doubt) I imagine the concept of 'betterment' would apply. The owner is not entitled to have you replace a cr*ppy old derelict wall with a nice strong brand new one. The most you'd have to do is pile up the bricks to replicate the wobbly structure that was there before.

tehone

macman said:

tehone said:

Ask the EA/owner about their public liability insurance details, so you can see if your solicitor wants to put in a claim for the harm that was nearly caused to you - that should shut them up!

I was nearly hit by an asteroid today. Luckily, it just missed me. But I can't put in a claim for something that didn't happen, however close it was.

I wasn't suggesting putting in a claim - more of an easy way to show how ridiculous it is for them to ask for a replacement wall - (I'm assuming the OP didn't give it anything other than a "wobble")

powerful_Rogue

ChewyyBacca said:

woah!! 
During viewing, its normal to open kitchen cupboards, windows, closet doors, built in wardrobes etc. If the door comes off in your hand, are you liable to pay for it? This is ridiculous!

Is it?