Estate Agents / Seller Lying about Property & No Building Regulations - HELP!

242424Buying

My partner & I are FTB and found a small 3 bedroom property in a ideal location (hamlet village) which we were initially drawn to based on the picturesque surroundings. 

The property has been on the market for almost a year now (first red flag). There were some problems we noticed with it on the viewing, such as needing a new kitchen & running on bottled Calor gas. The estate agent toured us around and showed us the newly installed bathroom, the newly fitted downstairs toilet & the parking bays where they stated the property came with 2 designated spaces (an important aspect for my partner and I as we both commute). 

We went back and forward with slightly lower offers than the asking price based on the fact the property needed a bit of work. The seller was rigid with us meeting the asking price so we eventually agreed to match.

We started the solicitor process, got the mortgage offer and have spent at at least a few thousand pounds at this point. 

On our second viewing, we noticed the lights flickering and attempted to flush the downstairs toilet to find out that it was not plumbed in or attached to anything. (Despite being included on a floor plan and being shown it twice by the estate agent as a downstairs toilet)

Property information came back yesterday and we discovered that the bathroom upstairs was moved and walls were built/moved both upstairs and downstairs without any building regulation. The bathroom was plumbed in without any building reg sign off. She has no documents in relation to the Electrical Safety Certificate, the installer's Building Regulations or Completion certificates. 

She has claimed that her ex-husband has done all of the work therefore she cannot provide any information on any of the works and has checked the majority of the answers on the Property Information form as "unkown" or left them blank. She can't confirm it's even connected to mains sewage?

We also found out that the property was originally 2 bedroom and the work that has been done has relocated the entire upstairs bathroom which means its all non-compliant. 

The icing on the cake - there is only one allocated parking space for the property. The estate agents told us there were definitely 2 before we made an offer. I am confused as to how a property with absolutely no building regulation can get this far before anyone finds out? 

I am concerned that it may not even be structurally safe as there could have been load bearing walls removed & there is now a bath tub that has been moved upstairs. Surely this property is hugely overpriced considering that the seller is trying to match it to other properties sold along the same street? 

We are thinking of getting a building surveyor to access how much work is needed to be done to make it right & then deducting that cost from the purchase price. Is that the right thing to do? 

What can we do now? I feel like the estate agent's haven't been transparent from the start about the state of the property and parking situation. We really like the location & the idea of the property but I am unsure if our mortgage lender will even allow us to purchase a property in this state. What can we do now?

ReadingTim

This is the whole reason you get searches and surveys done - to make sure the things the seller claims have any factual basis. They may cost a bit, but they're far cheaper than buying somewhere which is about to fall down... But they're for your peace of mind rather than an honesty test of vendor or their agent, so don't get too hung up about whether anyone 'lied' or not...

As to where to go now, the survey may give an idea of whether the lender is likely to lend on the place, and if not then you'll have to walk away, as you can't proceed.  If they are still willing to lend, then it's up to you to decide whether you're willing to take the risk on the place, or have the appetite and/or ability to rectify the problems.  You may wish to try and use the survey results to revise the sale price, but there's no guarantee the seller will agree to this.  There's no magic formula, or right or wrong in this process - it's all about what you negotiate with the vendor.  

EssexHebridean

Personally I'd be walking away at this point, and considering the money spent as being a worthwhile sum for a lucky escape. I would suspect that the nasty surprises you have already found may well only be the tip of the iceberg on this one. 

km1500

I would agree ...

Alderbank

We started the solicitor process, got the mortgage offer and have spent at at least a few thousand pounds at this point. 

What have you spent this several thousand pounds on?

Mortgage offer in principle doesn't cost thousands. I presume you have had a survey? What does the survey say?

NameUnavailable

It sounds like you have had a valuation survey to get the mortgage offer (so they're saying they are happy with the property as security for the money they're lending).

If you want to go forward I think I would get a structural engineer to report now, rather than a survey which will just point out the things you've already noticed and suggest further investigation.

johnhenstock

Extensions, alterations to srructural walls and other modifications (new barhroom) are normal and nothing to be afraid of, but these things are always done by a professional. I can understand opening up a living room wall without building control sign off, as long as structural drawings are available, but electrics without a certificate? That’s a botched job.

and if something that’s lurking behind hardwall and has the potential to kill you in a fraction of a second or by causing a fire has been overlooked, I wouldn’t want to know what else they took shortcuts with. It’s a legal requirement to have an electrical certificate.

plumbing is again skmething that can have catastrophic or extremely expensive consequences further down the line. Do it the wrong way and you WILL get rats, subsidence or cause damage to public drains…

there are simply some things you don’t play with, end of.

for me, this would be a deal breaker, unless they would accept tens of thousands of pounds less, so I can strip everything back, rewire, rebuild, reconnect and redecorate.

FreeBear

johnhenstock said:

Extensions, alterations to srructural walls and other modifications (new barhroom) are normal and nothing to be afraid of, but these things are always done by a professional. I can understand opening up a living room wall without building control sign off, as long as structural drawings are available, but electrics without a certificate? That’s a botched job.

Quite a few alterations & extensions have been done on a DIY basis without the involvement of "professionals". Then there numerous building projects that been done by "professionals" that have turned out to be right bodge jobs. The person doing the work is no guarantee of a quality job.

As for electrical work without a certificate - Piffle.

ThisIsWeird

24x3, how will you cope with only one parking space? I presume two spaces was desirable rather than essential then?

As for the rest, most houses will have had a degree of DIYing carried out - new bathrooms, changed layouts, etc. That doesn't matter - as long as it's safe and it works! So, yes, a full survey, making it clear the items you have concerns about so they are checked thoroughly, and a drain survey, and an electrical report. And then revise your offer to suit the findings. At least meet half way on a reduction - I think it's pretty clear you do want this house?!

My suspicion antennae are twitching quite excitedly with this house - if the vendor cannot even state what sort of sewage system they have, it does look as tho' they are hiding information, being 'wilfully' ignorant. Some home owners are genuinely ignorant of such matters, but one that has carried out such seemingly extensive DIY work which includes plumbing will not be; they will almost certainly know, so you have to wonder 'why so coy'? Is it because it's an old 'septic tank' system they know is on its last legs?  If so, factor in - what? - £10-15k for a new treatment plant?

Suspect the worst, hope for the best, but get PROOF! And if it is the worst - £ks to put right - and they won't budge on the price, be ready to walk away. Keep your sensible head on. And there WILL be alternative properties out there, some of which will be better. There will be.

Please keep us updated on your findings, and how they respond. If the worst happens - it's many £ks and they won't budge so you need to walk - inform the EA of your main findings (eg if septic tank faulty, incorrect plumbing, inadequate support beams, dodgy electrics, whatever...) and the EA will need to divulge this info if asked by future buyers. Possibly even if not asked - say the septic tank is broken, that's a significant issue as they won't have a functioning sewer system. I suspect, as with other significant issues such as subsidence, they are obliged to disclose. 

CSI_Yorkshire

FreeBear said:

johnhenstock said:

Extensions, alterations to srructural walls and other modifications (new barhroom) are normal and nothing to be afraid of, but these things are always done by a professional. I can understand opening up a living room wall without building control sign off, as long as structural drawings are available, but electrics without a certificate? That’s a botched job.

Quite a few alterations & extensions have been done on a DIY basis without the involvement of "professionals". Then there numerous building projects that been done by "professionals" that have turned out to be right bodge jobs. The person doing the work is no guarantee of a quality job.

As for electrical work without a certificate - Piffle.

I think an EIC has been a legal requirement for notifiable work for quite some time.  I could be wrong, but mid 2000s perhaps?

Of course, that's completely different from needing an EICR - that's only for rentals.

johnhenstock

FreeBear said:

johnhenstock said:

Extensions, alterations to srructural walls and other modifications (new barhroom) are normal and nothing to be afraid of, but these things are always done by a professional. I can understand opening up a living room wall without building control sign off, as long as structural drawings are available, but electrics without a certificate? That’s a botched job.

Quite a few alterations & extensions have been done on a DIY basis without the involvement of "professionals". Then there numerous building projects that been done by "professionals" that have turned out to be right bodge jobs. The person doing the work is no guarantee of a quality job.

As for electrical work without a certificate - Piffle.

You’re clearly clueless.