Retaining wall collapsed whilst viewing!

diggingdude

Have you started having sleepless nights about the falling wall? That trauma could stop you working 

jen_79

diggingdude said:

Have you started having sleepless nights about the falling wall? That trauma could stop you working 

Not quite, definitely worried about it! I've no idea how much it costs to replace, if it's thousands it would eat into the funds I've put aside to buy a house which will take me a couple of months to save back up.

-taff

DOn't worry about it. No one expects a perfectly sound wall to fall over when touched..so.....

motherofcats

If the estate agent has the cheek to phone back asking for money, reply "well I thought as a legitimate business, you would have indemnity insurance and would ensure that the property was safe for viewing." That should get them off the phone sharpish. Put it down to experience and use a different estate agents moving forward.

bbat

Oh my days!! No tell them where to go! Retaining walls need to be maintained! This is not your fault. 

Davesnave

jen_79 said:

AW618 said:

jen_79 said:

Thanks everyone for your input. In an attempt to defend myself, though I did notice cracks in the mortar when walking up the stairs I didn't really think much of it. I walked around the garden, looked around the fences, walked down the other side, looked around inside the garage, went back up, talked to the agent and we just happened to stop at this wall when I placed my hand on it. More along the lines of putting your weight on a floorboard gradually to see if it will support you, not shoving my foot through it as violently as possible. When I say "give it a wobble" I didn't actually expect it to move and I could lean on it while chatting.

I wasn't actively thinking, I best give this a good shove to see what happens it was more like a car salesman slapping his hand on a car roof, except unbeknownst to him, the cars axles were rotted, the wheels fell off and it flipped over a cliff. 

I didn't exert even 10% of the pressure required to open a window, let alone push a brick wall over. It was unfortunate that it had a 6ft drop so smashed to bits. The estate agent had already pointed out problem areas (a failed double glazed window, a rotting door on a store room, old boiler) and they didn't mention this. I honestly believe I could have had the wall land on my head if the wind had blown the wrong way as I was walking under it.

There is no way to repair it, it needs replaced, I just don't think I'm to blame, I'm just the moron who caused what was inevitable. 

The question, in my view hinges on whether you leant on the wall or gave it a test to see how strong it was.  I feel you would be far better off saying you had no conception the wall was weak and just leant on it the way you would on any wall; whereupon it collapsed.   What have you said in your responses to the estate agent so far?  

They haven't been aggressive but they seem fairly adamant I'm going to pay for it and it's their clients house not theirs.
It's such a shame as I was tempted to make an offer and have another look around before getting a surveyor but the whole situation has put me off. I've not had the best of luck with my house hunting so I think I need a break from it now.

Of course it's their client's house, but in providing a service for their client they also accept a duty of care to you, the potential buyer. This includes ensuring that the viewing is conducted safely and any hazards assessed and pointed out. It would be a different matter if the EA had said, "Don't touch that wall; it looks dangerous!"

If it were me, I'd point out  I'm still interested in the house, but not if they and the vendor are going to pursue me for some sort of restitution. The EA may be working for the client overseas in one sense, but they are mostly working for themselves, so they won't want to miss out on a sale and their commission!

Jeepers_Creepers

I am astonished the EA is calling you up on this - what on earth does it have to do with them? If the vendor really thinks he has a case, then he should get his solicitor involved and not his EA. And in response to any such communication - which I highly doubt will arrive - any response should be as basic as possible. Don't get into any discussion of what the wall looked like, whether it had cracks, whether it appeared dodgy - nothing. You simply stopped by the wall, put out your hand for casual support whilst you were engaged in conversation, and the wall gave way - that's it. 'It's a bludy miracle I didn't go over with it...'

By the same token, don't let it put you off the house if you genuinely like it. Why should you? Yes, you'll need to factor in some greater 'renovation' costs than you may have anticipated..., but that's something you'd have had to do in any event with this house; at some point after anyone had moved in, they'd have to have this wall sorted. So, if you feel like knocking off a couple of extra £k for this, feel free. 

But it certainly ain't for you to put this right for the vendor! Lawdie!

Do you have legal protection on your current house insurance? If so, call them up for advice - explaining the events as above - and you should hopefully have a ready-made counter to any solicitor's letter from the vendor. 

Davesnave

( Not wishing to perpetuate it, I have removed the quote.)

This is a forum where everyone is entitled to post, so if their opinion upsets you, it's probably best to leave the thread rather than unleash verbal invective which might have come from Harry Enfield's Kevin.

[Deleted User]

All three unnecessarily rude posts reported.  

blue_max_3

It's not just a wall, it's a retaining wall! The implication is that it is made strong enough to take a lateral load. The additional force exerted by a hand suggests a degree of tolerance which is negligible. The wall was not fit for purpose.
They would lose in any court of law. I really doubt that any lawyer would consider that a reasonable case to pursue.