We're looking to renegotiate. What role should our solicitor play, if any?

babyblade41

sorry just read the other thread on this so not really relevant 

Mickey666

henry24 said:

What difference does having a sewer pipe under the garden make? Do you never go to the toilet?

It might not be anything to do with the foul drainage of the property.  My house is not connected to mains drainage but there are two small (six-inch) sewer pipes under my land.  But I don’t really care because they are not my responsibility.

illbeurhuckleberry

Mickey666 said:

A solicitor does what you instruct him to do.  In the case of a house conveyance that would usually just include the legal aspects of the purchase while you do all the negotiations.  There’s no reason why you shouldn’t ask your solicitor to do anything else, but expect to pay for his time as an extra to the basic conveyancing work.
Most people would negotiate through the EA.   The clue is in the word ‘Agent’ and they working on behalf of the seller.  Personally, I prefer to deal directly with the seller and have always bypassed the EA, but some sellers prefer to work only through their EA, which is fair enough - their sale, their rules.
There are many similar posts on MSE asking how to justify renegotiating a previously offered price, but there’s no absolute reason to do so.  As the buyer, you have your reasons and that’s all that matters.  If you wish to disclose them then fine, but all that really matters is whether the seller accepts the revised price.  You cannot insist on a new price because of x or y reason if the seller doesn’t agree.  That’s what a negotiation is all about - finding a deal that both sides can accept.

People tend to be polite and most are not used to negotiating such high value and important transactions, so they are often ‘worried’ about what the other party may think If they make a revised offer.  Just remember that you’re buying a house, not a life-long friend.  YOU are the most important party and you will never see the seller again, so concentrate on your own feelings about the deal, not the seller’s feelings.  Sounds harsh, I know, but business is business.

Mickey666 that’s a well balanced response. Can I ask you, if your going to renegotiate because you have evidence the vendor was dishonest and the EIC report states the house is a death trap ( but the vendor said the electrics get checked yearly and no issue )And the vendor now wants a copy of the report because he wants to get the work done  should you hand this over in the negotiation process? I suspect you do but this vendor has been very dishonest. 

Mickey666

If the vendor has been proved to be dishonest in one regard then it obviously casts doubt on everything else they say.  However, prior to exchange of contracts I don’t think there is anything you can insist they do.  People lie all the time.
As for the EIC report, if you paid for it then it belongs to you and it’s up to you to decide to hand it over.  If you still want to buy the property then it would be helpful to hand it over if the seller says he will get the identified problems fixed.  But can you believe he will?  If you are going to walk away then there’s no need to give him a copy of YOUR report, just as there no need to justify any decisions you make to the seller.  Such judgements and decisions are yours to take.

joanofarcadia

Thrugelmir said:

Does help to maintain just one thread. Otherwise people aren't aware of the full story. The mention of sewers struck a chord in my mind. 

https://forums.moneysavingexpert.com/discussion/6197596/big-public-sewer-under-garden-will-it-affect-house-value-future-sales/p1

Yes, thank you - I'm relatively new on the site so still trying to figure out how to link threads and so on! But for others' reference, the sewer is a 450mm public sewer (vs. the smaller 100/225 mm sewers that are much more common). We are restricted in building within 3-meters of any point of that sewer. Spoke to the water company and they confirmed that building within 3 meters of a sewer that size would not be permitted, and we wouldn't be granted a 'build-over agreement'. That means just under 50% of the garden area is unbuildable. 

MobileSaver

joanofarcadia said:

We are restricted in building within 3-meters of any point of that sewer. ... That means just under 50% of the garden area is unbuildable. 

Were you planning on building on more than 50% of the garden?!?!

Mickey666

Doesn’t matter.  Someone in the future might want to and it’s a restriction on what CAN be done.  Different people will have different views about whether such a restriction affects the property value.  There is no right or wrong answer.