Chancel repair liability - why have I got to pay for both?!

shinytop

When we bought our house earlier this year our solicitor bought a chancel indemnity policy on our behalf without asking.  When I questioned it, she said they always included one in every purchase.  Since it was only £15.06 (for £3 million of cover) I wasn't going to argue. 

kasqueak

AdrianC said:

Your vendor has said they won't pay for it - if you want one, pay for it yourself. So why don't you say the same to your buyer?

We have said this to our solicitor. But they are saying that it’s our “fault” and “responsibility” to now provide this to our buyers as when we bought the flat in 2015 this should have come up then and the people we bought the flat from should have passed on an indemnity policy to us. Otherwise our buyers will walk away. 

When we bought this place nothing came up, I’ve been through all the original docs and nothing whatsoever about chancel repair. 

I’m just annoyed that this chancel thing still exists and is even an issue in today when like other people have said, it probably would never be enforced! Just more expense for me. 

kasqueak

Thrugelmir said:

Your mortgage lender may make it a requiremement.  Your buyer is simply trying to pass the cost onto you (they'll have the same issue with their lender).  

My buyers are cash buyers so shouldn’t be a lender issue. They just want us to pay!

kasqueak

eddddy said:

But you might need to spend lots of time and effort proving that to your mortgage lender etc - so it might be easier to just pay £100 or £200 to make the problem go away.

This is the thing, I feel backed into a corner and like I just have to pay for a piece of useless paper otherwise my sale/purchase which has already been going on since March will go on even longer with more headaches and delays. Just more expense for me in this long process!

shinytop

kasqueak said:

AdrianC said:

Your vendor has said they won't pay for it - if you want one, pay for it yourself. So why don't you say the same to your buyer?

We have said this to our solicitor. But they are saying that it’s our “fault” and “responsibility” to now provide this to our buyers as when we bought the flat in 2015 this should have come up then and the people we bought the flat from should have passed on an indemnity policy to us. Otherwise our buyers will walk away. 

When we bought this place nothing came up, I’ve been through all the original docs and nothing whatsoever about chancel repair. 

I’m just annoyed that this chancel thing still exists and is even an issue in today when like other people have said, it probably would neve be enforced! Just more expense for me. 

Would they really walk away for a few tens of ££ at this stage?

davidmcn

shinytop said:

kasqueak said:

AdrianC said:

Your vendor has said they won't pay for it - if you want one, pay for it yourself. So why don't you say the same to your buyer?

We have said this to our solicitor. But they are saying that it’s our “fault” and “responsibility” to now provide this to our buyers as when we bought the flat in 2015 this should have come up then and the people we bought the flat from should have passed on an indemnity policy to us. Otherwise our buyers will walk away. 

When we bought this place nothing came up, I’ve been through all the original docs and nothing whatsoever about chancel repair. 

I’m just annoyed that this chancel thing still exists and is even an issue in today when like other people have said, it probably would neve be enforced! Just more expense for me. 

Would they really walk away for a few tens of ££ at this stage?

Quite, if they really want a policy they'll just huff and go get their own.

steve866

shinytop said:

When we bought our house earlier this year our solicitor bought a chancel indemnity policy on our behalf without asking.  When I questioned it, she said they always included one in every purchase.  Since it was only £15.06 (for £3 million of cover) I wasn't going to argue. 

Same, on my current purchase it was included as part of my search pack and cost about £15. I wonder why you are being quoted such a hefty amount? I'd be a bit peeved to paid it twice, although probably wouldn't kick up a fuss at £30 total as per my price.

kasqueak

I’d be happy to pay £15/£30 to make it go away but the prices I’m being quoted are a bit silly steve866 said:

shinytop said:

When we bought our house earlier this year our solicitor bought a chancel indemnity policy on our behalf without asking.  When I questioned it, she said they always included one in every purchase.  Since it was only £15.06 (for £3 million of cover) I wasn't going to argue. 

Same, on my current purchase it was included as part of my search pack and cost about £15. I wonder why you are being quoted such a hefty amount? I'd be a bit peeved to paid it twice, although probably wouldn't kick up a fuss at £30 total as per my price.

davidmcn

£15 for the insurance, £90 for the lawyer time arguing about whether it's necessary and who's going to pay.