Seller made structural changes after survey!!!

housemovepanic

Woolsery said:

comeandgo said:

I’m with the sellers on this.  They have made their property pass all the requests you made.  Could you renegotiate and do your own work to get the room back to the condition that will pass all the building requirements?

A few years ago I made my van pass the MoT by removing the tow ball and cutting the wiring for a trailer. If I'd done that after showing a purchaser the van that 'just needed a MOT' it might have affected their future plans for it significantly!

Same principle. Consultation is everything.

I ONLY FOUND OUT ABOUT THE CHANGES BY ACCIDENT!!!

I think this is pretty much my point in one. Both the sellers and their solicitor have known about this issue since the beginning of August it seems. They have withheld the information, deliberately not responding to repeated emails from our solicitor and in the only two responses given stating that they were waiting for the council to provide the original completion certificate. They had ample opportunity to let us know.

We could have discussed this, renegotiated or moved on a long time ago (enquiries raised in July).

I ONLY FOUND OUT ABOUT THE CHANGES BY ACCIDENT!!!
It feels deceitful, honestly. 

pinkteapot

It's a shock right now, and you're upset and angry. I sympathise - we found out, by accident, that something on our new-build was being changed. I happened to find out on the morning we were meant to be exchanging contracts, so panic-called my solicitor telling her not to exchange!

Take a deep breath and sleep on it. Leaving the emotion aside, the questions you need to consider are:

1. Do you still want the house following this change? (Do another viewing if necessary)
2. Does the change make the house worth less to you? (In which case, re-negotiate)

jj_43

seller is 100% at fault, i am not sure what they were thinking. They should have communicated this to you and it could have been dealt with differently. I would need the office so I would reduce the offer by the cost of work to reinstate the staircase and also reflecting recent changes in the property market.

Woolsery

housemovepanic said:

Woolsery said:

comeandgo said:

I’m with the sellers on this.  They have made their property pass all the requests you made.  Could you renegotiate and do your own work to get the room back to the condition that will pass all the building requirements?

A few years ago I made my van pass the MoT by removing the tow ball and cutting the wiring for a trailer. If I'd done that after showing a purchaser the van that 'just needed a MOT' it might have affected their future plans for it significantly!

Same principle. Consultation is everything.

I ONLY FOUND OUT ABOUT THE CHANGES BY ACCIDENT!!!
It feels deceitful, honestly.

When I said 'consultation is everything' that's what I meant.

Most people would do a pre-exchange viewing, so it was naive if they thought this wouldn't come to light before you were committed.

sidneyvic

What was the estate agent doing all this ? They should have known there was no way it would get signed off and advised yourself and the seller accordingly. A d3cemt agemt who was on the ball would have had this sorted from the off...  Vent your anger on them and ask them what they are going to do about it......

[Deleted User]

What do you want? You could reduce your offer by however much it will cost to replace the stairs, if that's what you want.

Rachelredwood16

Legally, the sellers can do whatever they want until exchange as it is their property. I don't think you'll have any recourse as it isn't your house. Like others have said all you can really do is reduce your offer and go from there. Luckily you're finding out now and not after exchange. Like @Woolsery said, you should do a pre exchange viewing but not everyone will do that, they may not even have time if exchange is dropped on them short notice. 

Did you tell the sellers if they couldn't find the certificate you'd not worry about it? You said you did but did they actually know that?

silvercar

Ask the sellers to reinstate the staircase.

That way, when you come to sell, you can say you bought it in the same state you are selling it. At that point you could probably take out an indemnity policy against the lack of compliance, as it will be too far down the line to be forced to do remedial work.

elsien

sidneyvic said:

What was the estate agent doing all this ? They should have known there was no way it would get signed off and advised yourself and the seller accordingly. A d3cemt agemt who was on the ball would have had this sorted from the off...  Vent your anger on them and ask them what they are going to do about it......

The estate agent is working for the seller, not for the OP.