Buyer asking Estate Agent to push for renovations after survey was completed

littlemiss19

Hi everyone, 
The buyer of our property has gained access to view the flat a couple of times since the offer has been accepted. The second time they viewed was just after the survey has been completed and they are asking the Estate Agent to ask us to seek some additional work to be done on the brickwork among other things. 
I am wondering if these enquiries should be through our solicitors or whether it is normal for the Estate Agent to get involved. I get a feeling the EA is working on the side of the buyer and not us the vendor. 
What are your thoughts on this?

Thanks,

Littlemiss

greatcrested

Solicitors rarely get involved in price negotiation.

If you agree a new price, then inform your solicitor.

What does the survey say about the 'brickwork amongst other things'?

Have you actually been shown the survey (or relevant sectio(s)?

Seems a pretty tenuous reason to reduce price, but it's hard to comment without knowing what the problem is!

princeofpounds

Most negotiations happen through the EA first - it's faster and more responsive than solicitors, who mainly deal with ensuring whatever is agreed goes properly into the contract. 

The EA is working to ensure the transaction happens, so at this stage it will often feel like they are working for the buyer to you, and for you to the buyer; pressure will be applied to both sides to get it over the line. You might think that's a bad thing given you're paying them, but sometimes it's surprisingly necessary.

You aren't clear why they want work done. Convention would suggest that any material structural faults to a building that would not be spotted by a layperson on a viewing, which are then picked up on survey, are quite a legitimate basis for further negotiation around further discounting the price. Normally the relevant excerpt from the survey would be provided as evidence for this. Works that are essentially immaterial or decorative in nature, or are so obviously apparent and incorporated into the asking price... those tend to be refused.

However, this is all just a negotiation plain and simple, so convention does not have to be respected, and the exception is probably almost as common as the 'rule'. They can ask for stuff without any justification at all. You can refuse the best-evidenced argument for a further price discount. Either one party bridges the gap, or another bridges the gap, or you meet somewhere in the middle, or the transaction is called off. Those are the choices.

littlemiss19

Thanks both of you for your responses. I am being sent the survey information this week and I will then add to the post to get your thoughts on it. 

Neil49

I'm a bit confused by this. Are these internal issues they are referring to or are they external parts of the whole structure. If the latter and this is a traditional leasehold flat then it's something to be rectified through the managing agents.

Can you provide more information on the problems. 

littlemiss19

I am awaiting the exert from the survey to find out more - my understanding is there is an issue with the bath stone which I believe will be an external issue. 
The property is leasehold and the managing agents are slow and reluctant to do any work.  It took 5 weeks to get approval for work to be done on the outside guttering/facia that is causing damp to the ceiling of the flat. We are still in the process of arranging the contractor to do the work. At least this work has been approved by the directors. A little frustrating as the kitty has plenty of funds.

greatcrested

littlemiss19 said:

I am awaiting the exert from the survey to find out more - my understanding is there is an issue with the bath stone which I believe will be an external issue. 
The property is leasehold and the managing agents are slow and reluctant to do any work.  It took 5 weeks to get approval for work to be done on the outside guttering/facia that is causing damp to the ceiling of the flat. We are still in the process of arranging the contractor to do the work. At least this work has been approved by the directors. A little frustrating as the kitty has plenty of funds.

Lookforward to you posting the survey details.

But given that

* this is leasehold, and

* assuming it's external work that falls within the remit of the freeholder (not you as leaseholder selling your lease), and

* given that "the kitty has plenty of funds"

then the buyer has no justification for a price reduction.

littlemiss19

Hi everyone,
Here is the extract from the survey: ‘some repairs are required to the wall surfaces including frost damaged masonry, repointing and minor cracking. Penetrating dampness was found to the internal face of the bay window. This is thought to be due to a combination of cracking to masonry and perished window seals and repairs are now required’.

Thanks,
Littlemiss

greatcrested

Check your lease for responsibiliy for the windows / window seals. It could be the freeholder ("the kitty has plenty of funds") or it could be the leaseholder.

The masonary ets is almost certainly the freholder's responsibility ("the kitty has plenty of funds") but just to be sure, check the lease.

TripleH

Check also about responsibility around the windows in your lease in case that is you as a seperate point to brick work.

littlemiss19

greatcrested said:

littlemiss19 said:

I am awaiting the exert from the survey to find out more - my understanding is there is an issue with the bath stone which I believe will be an external issue. 
The property is leasehold and the managing agents are slow and reluctant to do any work.  It took 5 weeks to get approval for work to be done on the outside guttering/facia that is causing damp to the ceiling of the flat. We are still in the process of arranging the contractor to do the work. At least this work has been approved by the directors. A little frustrating as the kitty has plenty of funds.

Lookforward to you posting the survey details.

But given that

* this is leasehold, and

* assuming it's external work that falls within the remit of the freeholder (not you as leaseholder selling your lease), and

* given that "the kitty has plenty of funds"

then the buyer has no justification for a price reduction.

Here you go!
Here is the extract from the survey: ‘some repairs are required to the wall surfaces including frost damaged masonry, repointing and minor cracking. Penetrating dampness was found to the internal face of the bay window. This is thought to be due to a combination of cracking to masonry and perished window seals and repairs are now required’.