Would you allow a buyer to go into the attic of a house that you're selling before completion

[Deleted User]

Would you allow a buyer and a builder access to the attic after the exchange of contracts had occurred but not yet completed and are there any potential legal issues that could arise from this such as what would happen if either the builder or the buyer accidentally hurt themselves somehow or what would happen if they put their foot through the roof?

babyblade41

After exchange I don't allow anymore viewings as everything can wait  On exchange the buyer should have insured the property anyway so if they did put a foot through then their insurance should cover it 

It's up to you whether you allow it, I'm usually too busy to entertain buyers and their tradesman

[Deleted User]

Thank you for your reply babyblade41 so is it usually in the terms and conditions of the exchanged contract that the buyer insures the property from this point forward?
If you did have someone that could allow the buyer and his builder into the house you were selling would you allow them to go into the attic assuming that it was your own insurance that covered the building?

74jax

I would (did) , but I'm guessing as you are asking you don't want too, it's your house you just say no. There is nothing wrong in saying no it can wait till after completion. 

[Deleted User]

Well I was more wondering what other people would do and what objections they might have if they say no. I've read of people who allowed the buyer in to do building work before completion so there's no absolute right or wrong but to me it's more about not taking unnecessary risks?

What would happen if the builder suddenly decided that he found a "problem" with the attic that he felt could affect the value that would make the buyer suddenly ask for a discount or something of that nature? There aren't any problems that I'm aware of but am just giving a "for instance"?

74jax

Deleted_User said:

Well I was more wondering what other people would do and what objections they might have if they say no. I've read of people who allowed the buyer in to do building work before completion so there's no absolute right or wrong but to me it's more about not taking unnecessary risks?

What would happen if the builder suddenly decided that he found a "problem" with the attic that he felt could affect the value that would make the buyer suddenly ask for a discount or something of that nature? There aren't any problems that I'm aware of but am just giving a "for instance"?

Nothing would happen. You have exchanged. 

[Deleted User]

74jax said:

Nothing would happen. You have exchanged. 

Yes that's true and I suppose that would legally be the same if they did happen to accidentally put their foot through the attic floor/ceiling. I'm probably more worried about being sued if either of them did hurt themselves due to an accident as society is extremely litigious

Schwarzwald

One aspect that would also drive my decision is time between exch and completion.

if it is a matter of few weeks, I would be inclined to ask the buyer to wait.

if it is a matter of months, and I knew the buyer is keen to get started on loft conversion and maybe that was also a way of selling the property (“potential of loft conversion”), I would try to be constructive and allow them reasonable access.

maybe ask your solictior reg liability, and then also put it in writing that you only grant access on the basis of exclusion of any liability. Not sure if there is any legal merit to the latter, but incrementally helpful.

if I knew i had hidden something in the attic that could become a problem for completion, no way i would allow access, you dont have the money in the bank, so dont put that at risk, no matter what the legal position is after exchange.

lisyloo

I had a surveyor drop the hatch and dent a wall (we were out at work).
it’s their responsibility but still a hassle to make sure it’s recorded and they accept liability especially if you weren’t there to witness it.
fortunately they didn’t deny it.

i’id be much more circumspect if it wasn’t boarded up.

[Deleted User]

Schwarzwald said:

One aspect that would also drive my decision is time between exch and completion.
if it is a matter of few weeks, I would be inclined to ask the buyer to wait.

if it is a matter of months, and I knew the buyer is keen to get started on loft conversion and maybe that was also a way of selling the property (“potential of loft conversion”), I would try to be constructive and allow them reasonable access.

Yes the time frame is less than months and is a matter of weeks and I'm also like yourself in that I want to be friendly, constructive and reasonable. Thanks for taking the time to reply Schwarzwald and sharing your opinion!

maybe ask your solictior reg liability, and then also put it in writing that you only grant access on the basis of exclusion of any liability. Not sure if there is any legal merit to the latter, but incrementally helpful.

if I knew i had hidden something in the attic that could become a problem for completion, no way i would allow access, you dont have the money in the bank, so dont put that at risk, no matter what the legal position is after exchange.

Yes I will ask my solicitor re liability. There's nothing at all I'm aware of in the attic that could pose any type of problem for completion as I've had it surveyed when I purchased the house originally but I myself haven't ever been in the attic so don't know what's up there or what condition it's like.

lisyloo said:

I had a surveyor drop the hatch and dent a wall (we were out at work).
it’s their responsibility but still a hassle to make sure it’s recorded and they accept liability especially if you weren’t there to witness it.
fortunately they didn’t deny it.

i’id be much more circumspect if it wasn’t boarded up.

When you had the surveyor go around was this after exchange had occurred or before exchange do you mind me asking so if they did deny liability would you have been without an exchanged contract? I don't know if the attic is boarded up though or not so that's another thing to consider.

user1977

Deleted_User said:

74jax said:

Nothing would happen. You have exchanged. 

Yes that's true and I suppose that would legally be the same if they did happen to accidentally put their foot through the attic floor/ceiling. I'm probably more worried about being sued if either of them did hurt themselves due to an accident as society is extremely litigious

They could slip on your garden path before they even get to your door. What do you think happens then?