Selling a house with a Dangerous Structure Notice

poisson_rouge

Hi, 

we are in the process of selling our house which has a dangerous structure notice on an external wall, we are trying to get it fixed but the specialist that is fixing it keeps moving the date for the repairs (it's a retaining wall, so very few companies carry out this service).

The notice did not come up on the buyers searches, do I have to let the buyer know about the notice if I am unable to get the wall fixed and notice removed before we move?

Appreciate any advice!

Edit: It's a garden wall, NOT an external wall of the house!

newsgroupmonkey_

I think you might fall foul on this question on the TA6 form.....

"Has something happened in the property that a buyer would want to know about or might influence their decision to purchase?
If yes, give details."

And even if this has changed since the buyer offered....

"Changes in the information
If information changes after you submit the form, because of an event or you find or receive more information after completing the form:
 before exchanging contracts – tell your solicitor and estate agent at once and in writing
 after exchanging contracts – tell your solicitor at once, before you complete the sale"

If you don't tell them, expect a world of financial pain. Right now, you hold the cards in terms of costs and getting the right people in. Once you sell, you don't and you'll still have to put right, even if it costs millions.

marcia_

 I can't believe you are even asking this! Of course you need to declare it. 

poisson_rouge

newsgroupmonkey_ said:

I think you might fall foul on this question on the TA6 form.....

"Has something happened in the property that a buyer would want to know about or might influence their decision to purchase?
If yes, give details."

And even if this has changed since the buyer offered....

"Changes in the information
If information changes after you submit the form, because of an event or you find or receive more information after completing the form:
 before exchanging contracts – tell your solicitor and estate agent at once and in writing
 after exchanging contracts – tell your solicitor at once, before you complete the sale"

If you don't tell them, expect a world of financial pain. Right now, you hold the cards in terms of costs and getting the right people in. Once you sell, you don't and you'll still have to put right, even if it costs millions.

Thank you, as I said I have instructed a company to do so the notice can be removed before exchange.

If I can't then I will let them know before exchange and offer to pay for the repairs.

jj_43

can't see that "plan" ending well for you.
Get together quotes, determine cost, can you get a fixed cost? provide as much clear information as possible to the interested buyers and you will increase your chances of getting a buyer and a good price, otherwise one for the auction.

london21

You will have to disclose if selling via EA.
Quite a serious matter to hide even when fixed.

If you would rather not disclose then auction likely your best choice.

eddddy

poisson_rouge said:

we are in the process of selling our house which has a dangerous structure notice on an external wall, we are trying to get it fixed but the specialist that is fixing it keeps moving the date for the repairs (it's a retaining wall, so very few companies carry out this service).

When you say "external wall" - do you mean an external wall of the house?  Or do you mean a wall in the garden - possibly a retaining wall?

If it's something like a garden wall that's leaning over, that might only cost a few hundred pounds to fix - I'd be tempted to try to come to an informal arrangement with the buyer via the estate agent. e.g. You say you'll instruct the builder will do the work and send the bill to you, even if it's after completion.


Even though there are risks to the buyer (e.g. you cancel the builder and refuse to pay), the estate agent can 'sell' that idea to the buyer as being less complicated than getting the solicitors involved.

Sometimes it's sensible for buyers to take a view on what they tell their solicitors - but some cautious buyers will insist on telling their solicitors everything, even if it delays or de-rails a purchase unnecessarily.


But if you mean an external wall of the house is a dangerous structure - that's a different matter!

poisson_rouge

eddddy said:

poisson_rouge said:

we are in the process of selling our house which has a dangerous structure notice on an external wall, we are trying to get it fixed but the specialist that is fixing it keeps moving the date for the repairs (it's a retaining wall, so very few companies carry out this service).

When you say "external wall" - do you mean an external wall of the house?  Or do you mean a wall in the garden - possibly a retaining wall?

If it's something like a garden wall that's leaning over, that might only cost a few hundred pounds to fix - I'd be tempted to try to come to an informal arrangement with the buyer via the estate agent. e.g. You say you'll instruct the builder will do the work and send the bill to you, even if it's after completion.


Even though there are risks to the buyer (e.g. you cancel the builder and refuse to pay), the estate agent can 'sell' that idea to the buyer as being less complicated than getting the solicitors involved.

Sometimes it's sensible for buyers to take a view on what they tell their solicitors - but some cautious buyers will insist on telling their solicitors everything, even if it delays or de-rails a purchase unnecessarily.


But if you mean an external wall of the house is a dangerous structure - that's a different matter!

I should have been clearer, it's a garden wall not an external wall of the house.

Appreciate the advice regarding the informal arrangement, if for any reason I can't get the work completed then I will try this option.

user1977

newsgroupmonkey_ said:

I think you might fall foul on this question on the TA6 form.....

"Has something happened in the property that a buyer would want to know about or might influence their decision to purchase?
If yes, give details."

More specifically, question 3.1 is going to cover any sort of statutory notice:

"3.1 Have any notices or correspondence been received or sent (e.g. from or to a neighbour, council or government department), or any negotiations or discussions taken place, which affect the property or a property nearby?"

oh, and this one, given it's a building control notice:

"4.5 Are there any planning or building control issues to resolve?"

as well as the one about insurance claims if you are claiming.

GDB2222

poisson_rouge said:

eddddy said:

poisson_rouge said:

we are in the process of selling our house which has a dangerous structure notice on an external wall, we are trying to get it fixed but the specialist that is fixing it keeps moving the date for the repairs (it's a retaining wall, so very few companies carry out this service).

When you say "external wall" - do you mean an external wall of the house?  Or do you mean a wall in the garden - possibly a retaining wall?

If it's something like a garden wall that's leaning over, that might only cost a few hundred pounds to fix - I'd be tempted to try to come to an informal arrangement with the buyer via the estate agent. e.g. You say you'll instruct the builder will do the work and send the bill to you, even if it's after completion.


Even though there are risks to the buyer (e.g. you cancel the builder and refuse to pay), the estate agent can 'sell' that idea to the buyer as being less complicated than getting the solicitors involved.

Sometimes it's sensible for buyers to take a view on what they tell their solicitors - but some cautious buyers will insist on telling their solicitors everything, even if it delays or de-rails a purchase unnecessarily.


But if you mean an external wall of the house is a dangerous structure - that's a different matter!

I should have been clearer, it's a garden wall not an external wall of the house.

Appreciate the advice regarding the informal arrangement, if for any reason I can't get the work completed then I will try this option.

The buyer can protect themselves by having a retention held by the solicitors until the work is completed.

The quote you have had is a reasonable one from the builder's point of view? If they have under-quoted, they'll never get round to your job. 

poisson_rouge

GDB2222 said:

poisson_rouge said:

eddddy said:

poisson_rouge said:

we are in the process of selling our house which has a dangerous structure notice on an external wall, we are trying to get it fixed but the specialist that is fixing it keeps moving the date for the repairs (it's a retaining wall, so very few companies carry out this service).

When you say "external wall" - do you mean an external wall of the house?  Or do you mean a wall in the garden - possibly a retaining wall?

If it's something like a garden wall that's leaning over, that might only cost a few hundred pounds to fix - I'd be tempted to try to come to an informal arrangement with the buyer via the estate agent. e.g. You say you'll instruct the builder will do the work and send the bill to you, even if it's after completion.


Even though there are risks to the buyer (e.g. you cancel the builder and refuse to pay), the estate agent can 'sell' that idea to the buyer as being less complicated than getting the solicitors involved.

Sometimes it's sensible for buyers to take a view on what they tell their solicitors - but some cautious buyers will insist on telling their solicitors everything, even if it delays or de-rails a purchase unnecessarily.


But if you mean an external wall of the house is a dangerous structure - that's a different matter!

I should have been clearer, it's a garden wall not an external wall of the house.

Appreciate the advice regarding the informal arrangement, if for any reason I can't get the work completed then I will try this option.

The buyer can protect themselves by having a retention held by the solicitors until the work is completed.

The quote you have had is a reasonable one from the builder's point of view? If they have under-quoted, they'll never get round to your job. 

It is a resonable one, I got around 5 companies to quote for it and they were all within 2-3% of each other. The challenge they have been having is the materials, it's a specialist anchor which would have been the same issue for the other companies too.