Buyer wants money off for issues raised on survey

kimwp

verytired11 said:

teachfast said:

csgohan4 said:

Sound like nervous Buyers and no guarantee they may not try and gazunder on day of exchange

This - and also after purchase come back through solicitors and try for money for faults he will claim you should have declared.

This is what I am worried about.  He also lied about the surveyor having advised him that a build over agreement was required for the extension, when in fact, after I requested the survey, I could see that the surveyor had advised him the exact opposite - that no build over agreement was required.  If he will lie about this what else will be lie about?  I am wondering whether to find a new buyer.  I live in a pretty Victorian terrace, slightly run down but in a highly sought after area due to being in catchment of two top performing state schools.  If I find a new buyer there is a risk that the chain falls through.

There's so many alarm bells here, it's deafening.

ss2020jd

verytired11 said:

teachfast said:

csgohan4 said:

Sound like nervous Buyers and no guarantee they may not try and gazunder on day of exchange

This - and also after purchase come back through solicitors and try for money for faults he will claim you should have declared.

This is what I am worried about.  He also lied about the surveyor having advised him that a build over agreement was required for the extension, when in fact, after I requested the survey, I could see that the surveyor had advised him the exact opposite - that no build over agreement was required.  If he will lie about this what else will be lie about?  I am wondering whether to find a new buyer.  I live in a pretty Victorian terrace, slightly run down but in a highly sought after area due to being in catchment of two top performing state schools.  If I find a new buyer there is a risk that the chain falls through.

That’s awful. If you have a copy of the survey and can see this then I’m sure they won’t have a leg to stand on. I don’t think it’s that easy to do that after the event. It will cost them more in solicitors etc so I’m not sure it’s worth pulling out altogether. Perhaps you can take advice of your solicitor and say this is what I agree to and nothing further - accept it as it is- If they are not happy I will put it back on the market. Or words to that effect. I hope it gets resolved soon. 

verytired11

Thanks all.  I have drafted an email to my agent as follows.  Please let me have any thoughts:

hi [   ]

Many thanks for your email and for sending the extracts of the survey.

I am concerned that the buyer has initially said, in writing, that he was advised by the surveyor that a build over agreement was required for the drain at the back and was using this as part of his reasoning for asking for a £10,000 reduction.  However, on inspection of the survey extracts, it transpires that the surveyor advised the exact opposite - namely that no build over agreement was required.

This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line.

Would you please now do the following:

1. Request in writing from the buyer what his intentions for the property are and whether he is or is not a property developer.  I know that we discussed this when I accepted the offer, and you informally assured me that he was not a property developer but looking to move to the area for schools, but I now need this in writing.  

2. Please ask the buyer to confirm in writing within two days that he is happy to proceed at the agreed price and on the basis of the survey he has received.

If he is not happy to proceed then I suggest that we put the property back on the market on Friday.  Given the rising market and the lack of properties that have come on the market in this highly sought after area since mine went on the market back in April, I suggest that we remarket at [higher price] which was your original estimate of value last Summer and before the market started rising.

Many thanks and best wishes

[edited to remove name]

Falafels

In a seller's market, with a property in which there's so much interest, you don't have to put up with this kind of nonsense.

Your purchasers don't sound like first time buyers who are just a bit nervous and entitled, but they are clearly trying it on - to the point of being dishonest.

Tell your estate agent that you have serious concerns about the integrity of your buyer, reiterate your terms, and if they are unacceptable to the buyer, then put the house back on the market. It sounds as though they made an initial offer which would secure the property, with no actual intention of paying the price.

In your position I'd also carry out minor works which might be an issue for other buyers - such as getting the boiler serviced - but gas and electrical safety certificates are NOT a requirement for householders, though they are for landlords. Your buyers, though, are clearly looking to beat you down on price rather than just get things done. And the way they're going about it is going to give you an awful lot of grief. While buying and selling houses is usually fraught and stressful, it needn't be this bad!

Good luck!

Falafels

verytired11 said:

Thanks all.  I have drafted an email to my agent as follows.  Please let me have any thoughts:

hi [   ]

Many thanks for your email and for sending the extracts of the survey.

I am concerned that the buyer has initially said, in writing, that he was advised by the surveyor that a build over agreement was required for the drain at the back and was using this as part of his reasoning for asking for a £10,000 reduction.  However, on inspection of the survey extracts, it transpires that the surveyor advised the exact opposite - namely that no build over agreement was required.

This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line.

Would you please now do the following:

1. Request in writing from the buyer what his intentions for the property are and whether he is or is not a property developer.  I know that we discussed this when I accepted the offer, and you informally assured me that he was not a property developer but looking to move to the area for schools, but I now need this in writing.  

2. Please ask the buyer to confirm in writing within two days that he is happy to proceed at the agreed price and on the basis of the survey he has received.

If he is not happy to proceed then I suggest that we put the property back on the market on Friday.  Given the rising market and the lack of properties that have come on the market in this highly sought after area since mine went on the market back in April, I suggest that we remarket at [higher price] which was your original estimate of value last Summer and before the market started rising.

Many thanks and best wishes

Your proposed email to your agent looks good to me, though I'd leave out point (1) as it's irrelevant what his intentions for the property are, and whether he's a developer or not. It's the way he's actually handling the transaction which is of concern.

I'd go straight from "This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line" to "Please ask the buyer to confirm in writing...."

verytired11

Falafels said:

verytired11 said:

Thanks all.  I have drafted an email to my agent as follows.  Please let me have any thoughts:

hi [   ]

Many thanks for your email and for sending the extracts of the survey.

I am concerned that the buyer has initially said, in writing, that he was advised by the surveyor that a build over agreement was required for the drain at the back and was using this as part of his reasoning for asking for a £10,000 reduction.  However, on inspection of the survey extracts, it transpires that the surveyor advised the exact opposite - namely that no build over agreement was required.

This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line.

Would you please now do the following:

1. Request in writing from the buyer what his intentions for the property are and whether he is or is not a property developer.  I know that we discussed this when I accepted the offer, and you informally assured me that he was not a property developer but looking to move to the area for schools, but I now need this in writing.  

2. Please ask the buyer to confirm in writing within two days that he is happy to proceed at the agreed price and on the basis of the survey he has received.

If he is not happy to proceed then I suggest that we put the property back on the market on Friday.  Given the rising market and the lack of properties that have come on the market in this highly sought after area since mine went on the market back in April, I suggest that we remarket at [higher price] which was your original estimate of value last Summer and before the market started rising.

Many thanks and best 

Hmm... I see you're a lone female. I wonder if he'd be trying it on like this if you were a bloke....

Your proposed email to your agent looks good to me, though I'd leave out point (1) as it's irrelevant what his intentions for the property are, and whether he's a developer or not. It's the way he's actually handling the transaction which is of concern.

I'd go straight from "This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line" to "Please ask the buyer to confirm in writing...."

Thanks.  Oops i put my name in. @Falafels Apologies but would you be able to delete or edit your comment to remove my name in your post?  I don't know how else to do that other than to report it.

Falafels

verytired11 said:

Falafels said:

verytired11 said:

Thanks all.  I have drafted an email to my agent as follows.  Please let me have any thoughts:

hi [   ]

Many thanks for your email and for sending the extracts of the survey.

I am concerned that the buyer has initially said, in writing, that he was advised by the surveyor that a build over agreement was required for the drain at the back and was using this as part of his reasoning for asking for a £10,000 reduction.  However, on inspection of the survey extracts, it transpires that the surveyor advised the exact opposite - namely that no build over agreement was required.

This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line.

Would you please now do the following:

1. Request in writing from the buyer what his intentions for the property are and whether he is or is not a property developer.  I know that we discussed this when I accepted the offer, and you informally assured me that he was not a property developer but looking to move to the area for schools, but I now need this in writing.  

2. Please ask the buyer to confirm in writing within two days that he is happy to proceed at the agreed price and on the basis of the survey he has received.

If he is not happy to proceed then I suggest that we put the property back on the market on Friday.  Given the rising market and the lack of properties that have come on the market in this highly sought after area since mine went on the market back in April, I suggest that we remarket at [higher price] which was your original estimate of value last Summer and before the market started rising.

Many thanks and best 

Hmm... I see you're a lone female. I wonder if he'd be trying it on like this if you were a bloke....

Your proposed email to your agent looks good to me, though I'd leave out point (1) as it's irrelevant what his intentions for the property are, and whether he's a developer or not. It's the way he's actually handling the transaction which is of concern.

I'd go straight from "This has sent some alarm bells about engaging in a legal process with this buyer and what it might mean further down the line" to "Please ask the buyer to confirm in writing...."

Thanks.  Oops i put my name in. @Falafels Apologies but would you be able to delete or edit your comment to remove my name in your post?  I don't know how else to do that other than to report it.

Yes of course! xxx

verytired11

@Falafels Thank you!  

verytired11

I meant to say that it IS important and relevant to me that the buyer isn't a property developer.  I specifically raised this with the estate agent when I accepted the offer, as I don't want to be bullied/taken to the cleaners.  As has been rightly suggested, as a female seller I am aware that I will be a prime target for bullying tactics and since this buyer is now displaying some quite aggressive tactics I think it is fair to now ask for confirmation in writing of what was previously assured to me verbally.

youth_leader

I do feel for you verytired11, I am an old widow and was bullied by my developer buyer,  it's not a pleasant feeling.  He had the ladies at my EA round his little finger, they always referred to him by his first name - he called me 'the seller'.  I almost felt they were working for him in the end when they said things like  'he's already spent so much on the survey so it would be a goodwill gesture to pay for his damp survey' - fool that I was, I did, and it was useless.   I became exasperated at his ridiculous negotiations and demands and withdrew from the EA and the sale and went to auction.  I do hope you have a successful outcome.