Seller refusing to pay for the indemnity insurance policy

[Deleted User]

user1977 said:

Bendy_House said:

So your solicitors are claiming that this is 'required' by your lender?! 

What the lender thinks they "require" is determined in the first instance by what the solicitor tells them they ought to require...unless and until somebody challenges the solicitor by pointing out that the lender's standard instructions seem to contain some relevant exceptions...

Tempted to challenge them but spent so long going about this policy. 

Lender is Halifax.

[Deleted User]

Tiglet2 said:

OP, you could always tell your solicitor that you have taken a "view" on this request and are advising that you are happy to proceed without the indemnity policies in place.  Neither the solicitor nor the lender should be bothered by a breach over 20 years ago.

Similarly, if the boiler is old and you are intending to replace it in the near future, why be bothered about a Gas Safety Certificate (assume they are asking for the certificate of installation, rather than a service report).  If the seller has offered to get the boiler serviced, your solicitor can obtain a copy of the report from the seller's solicitor.

Will go back to her this morning.

[Deleted User]

anselld said:

Regarding the gas you can order a replacement certificate from Gas Safe ..
https://www.gassaferegister.co.uk/gas-safety/gas-safety-certificates-records/building-regulations-certificate/order-replacement-building-regulations-certificate/
... assuming the installation has been notified.

Note that they are talking about the Building Regs Compliance Certificate at installation, not a "Gas Safety Certificate" and yes, Building Regs notification has been a mandatory requirement for all new installations since 2005.  

Looks like will have to pay for the policy to progress because if that's the case they could have done the works prior to 2005. They have lived at the property for over 60 years doubt they will have all the  documentation.

trakky14

I would say just pay it...we've had a similar query from our buyers for something that seems fairly unnecessary but we just want this to end now so we are paying it! 

jj_43

Indemnity insurance is not a requirement. 1957 is along time ago, the solicitor should be explaining to you the underlaying issues and why indemnity would help. I am sure if the solicitor did this they would quickly realise what they are asking is somewhat trivial for a £490k transaction. 
 

user1977

I'm sure if the Halifax repossessed and a buyer asked them to reduce the price, or even to provide an indemnity policy, because of a 1950s garage, they'd be laughing in their face and going off to find a less absurd buyer. So the risk to them is non-existent.

aoleks

vendor pays indemnity, end of. there will be people who will try to convince you otherwise, but the seller needs to cover the shortcuts they took, even if it's a while back.

having said that, nothing will happen about that garage, no one cares, clearly...

TBagpuss

As others have said, you can ask your solicitor to clarify whether the lender has actually specifically rweuired this of whethre it is simply their advice, givne the length of time sincethe garage was erected. I presume it is the building regs for th bolier, not a GSC that they actually want. 

IF the lender has said they need it then you will need it, other wise it is up to you.

Unfortuantly as solicitors act for the lender as well as you they have to ensure that they are protectcting the lender's interests as well as yours, and the lender would be very quick to blame, and claim from , the solicitor if anything went wrong so naturally the solicitor will err on the side of caution.

If I were in the seller's position I wouldn't pay for a poliy for the garage. I might pay for one for the building regs certificate if I was satisfied that it was required.

TBagpuss

You might be able to ask the seller to obtain a duplicate certificate if they have lost it - https://corgiservices.com/corgi-replacement-certificates/

Exodi

Have the sellers also had the light bulbs tested by an accredited NICEIC professional and issued you a copy of the 'Light Bulb Condition Report' dated within the last 12 months?

If not, very important you also add light bulb insurance to your basket. And don't even get me started on the door handles...