Revised offer following structural survey - advice welcome

sarah2979

Some background...we put an offer in on a property in September, just as the mortgage was approved (it took almost 3+weeks) the seller then pulled out and took the house off the market, we were part way down the line with solicitors etc. and searches were complete. A month or so later we got a call from the estate agent saying that it was going back on for £4k more (after being valued by surveyors at the original price). We managed to get the seller to agree to reinstate the original deal and we've been progressing fine. Some concerning information was passed over by the solicitor regarding the garage, the wall had a large crack for which the insurance company had been contacted and it had become significantly wider in recent months (75mm) they ruled out subsidence but their findings came back as "inconclusive". To safeguard ourselves we've paid for a structural survey and this has uncovered that a storm drain should be opened up and explored at a cost of approx. £2.5k. we've also been advised that the garage foundations will need strengthening if we want to build up or just make it right, this cost will be likely up to £10k (and I expect we will have to get this done if we want to sell it ourselves in future without the same issues). We've thought long and hard about it and put in a revised offer (only to cover the immediate exploration and potential repairs of the drain, not the longer term costs) for which we've had a response from the state agent to say the seller has refused stating "they have paperwork in relation to the garage crack which states no other issue and also confirmation of that from the insurers".

We're in two minds about how to respond. The information they refer to from the insurers states "inconclusive" and we've been advised by the structural engineer (recommended to us by the estate agent) that the works suggested need to be carried out when we move in to stem any further cracking. We love the house but know we've got several thousands to pay out in the short and long term, should we stick to our guns and risk losing it or do we suck it up and allow the seller to get by citing an insurance claim that only suggested the issue wasn't subsidence? I appreciate you all can't make the decision for us and we don't want to be unfair in offering a reduction in price at this late stage, but we're only seeking to reduce by the immediate works. Any and all advice warmly welcomed, thank you.

anselld

A growing 75mm crack (that is big by any standards), suspect drains (presumably suspicion of soil erosion), and foundations requiring to be strengthened ... it is difficult to see how all that avoids the definition of subsidence.  Have the insurers agreed to rectify or are they using the "inconclusive" cause as a reason to avoid liability?

sarah2979

The insurers closed the claim and didn't do any further investigation, that's why we went for the structural survey (to safeguard ourselves).

917700

Better to look for something else at the same time.

Crashy_Time

Look elsewhere.

AdrianC

Do you mean a 75mm LONG crack, or a 75mm WIDE one?

DayDreamerandGeneralWaster

If the crack is in the wall because of the drains, that is subsidence. 

If the crack is widening then it's still moving and you will have to pay out your insurance excess to get it repaired almost straight away. 

To be honest, when he took the property off the first time, in your shoes, l would have looked elsewhere. He sounds difficult. 

Crashy_Time

Just run away, there are plenty more houses without subsidence.