Purchase about to fall through due to misrepresentation

GDB2222

AJM1984 said:

GDB2222 said:

AJM1984 said:

loubel said:

Why doesn't the loft conversion have building regulations approval? Is it safe to use as a bedroom? What did your survey actually say about it?

They just didn't get permission or approval. I think it, at least, needed party wall permissions. I'm not hugely familiar with the terminology. Our surveyor says it's suspect because of the smoke alarm being battery operated and without him having x-ray vision he can't see the insulation, support structure etc. He's not sure about fire door application either. 

If the loft conversion wasn't done with proper building regs supervision, it's quite likely a fire death trap. It's fancy storage space, and it probably cannot be regularised as a bedroom without major work costing far more than £5k.

The vendor cannot prove this meets building regs without major exposure of the structure, and of course the most likely reason it was done without involvement of building control is that it doesn't meet the regs. 

Seriously, you should believe your valuer!

Party wall approval is no longer a problem, but that doesn't make it safe

 

We actually signed something for our lender saying we acknowledge it isn't a bedroom and can't be used as such. Like I said, we don't NEED it. But with the surveyor then confirming it doesn't meet certain legal requirements our lender dropped the valuation from 3 bedroom to 2. I anticipated it as a possibility, because I worry about everything, hence my misery in the other thread about housing purchase stalling or failing... One of those instances where being right isn't a good thing. Depending on how you look at it, I suppose! 

I think you need to believe the valuation. You are buying a 2 bed with a boarded out loft, not a 3 bed. 

AJM1984

GDB2222 said:

AJM1984 said:

GDB2222 said:

AJM1984 said:

loubel said:

Why doesn't the loft conversion have building regulations approval? Is it safe to use as a bedroom? What did your survey actually say about it?

They just didn't get permission or approval. I think it, at least, needed party wall permissions. I'm not hugely familiar with the terminology. Our surveyor says it's suspect because of the smoke alarm being battery operated and without him having x-ray vision he can't see the insulation, support structure etc. He's not sure about fire door application either. 

If the loft conversion wasn't done with proper building regs supervision, it's quite likely a fire death trap. It's fancy storage space, and it probably cannot be regularised as a bedroom without major work costing far more than £5k.

The vendor cannot prove this meets building regs without major exposure of the structure, and of course the most likely reason it was done without involvement of building control is that it doesn't meet the regs. 

Seriously, you should believe your valuer!

Party wall approval is no longer a problem, but that doesn't make it safe

 

We actually signed something for our lender saying we acknowledge it isn't a bedroom and can't be used as such. Like I said, we don't NEED it. But with the surveyor then confirming it doesn't meet certain legal requirements our lender dropped the valuation from 3 bedroom to 2. I anticipated it as a possibility, because I worry about everything, hence my misery in the other thread about housing purchase stalling or failing... One of those instances where being right isn't a good thing. Depending on how you look at it, I suppose! 

I think you need to believe the valuation. You are buying a 2 bed with a boarded out loft, not a 3 bed. 

We don't have a choice but to believe and accept it. I know a few people on here have disagreed, and I appreciate their perspective, but we have to adhere to what our lender is saying. We could try another lender but end up in the exact same situation. The fact that the EA has now convinced the vendor to look at various possibilities, including regularisation, gives me hope we might all be on the same page. Our MA is also insisting that we shouldn't be accepting additional costs for this situation. We would accept 4.5k shared between 3 parties but he really thinks we shouldn't have to. 

GDB2222

Essentially, you have been deceived. Maybe, your seller didn't realise that she was doing this, but it doesn't matter. It's still her problem, and any new buyer she finds will have the same problem. It's a 2 bed, not a 3 bed.

Having said that, you are quite invested in this purchase, and you want to make it work. So, the trick is to share the cost of making it work as widely as possible! Eventually, your landlord will find out that it is cheaper to help you than to fight you, but you haven't reached that position yet. Just stay calm, and carry on.

AJM1984

GDB2222 said:

Essentially, you have been deceived. Maybe, your seller didn't realise that she was doing this, but it doesn't matter. It's still her problem, and any new buyer she finds will have the same problem. It's a 2 bed, not a 3 bed.

Having said that, you are quite invested in this purchase, and you want to make it work. So, the trick is to share the cost of making it work as widely as possible! Eventually, your landlord will find out that it is cheaper to help you than to fight you, but you haven't reached that position yet. Just stay calm, and carry on.

Thank you, I really appreciate your reassurance. I needed to hear that. I'll take a breather and try to have a weekend. Have a lovely weekend, everyone! 

uralmaid

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

AJM1984

uralmaid said:

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

It has a door at the top of the access (fixed) staircase but I don't really know what difference that makes, sadly. We do also wonder if she'll push us away and try to find a cash buyer or use one of those "We buy any house" things, but we still think she'll lose more than 5k doing that.

GDB2222

AJM1984 said:

uralmaid said:

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

It has a door at the top of the access (fixed) staircase but I don't really know what difference that makes, sadly. We do also wonder if she'll push us away and try to find a cash buyer or use one of those "We buy any house" things, but we still think she'll lose more than 5k doing that.

Forget the 'we buy any house' people. They will only actually pay the seller a fraction of what you have offered. They work on the basis of buying the house at such a low price that they can offload it at a profit to the first buyer who comes along. They lie and cheat to get that position, and there is no way that you can compete with them. You are a genuine buyer, and they are not. Eventually, your seller will find that out. At that point, they may realise their mistake, and reach out to you. 

housebuyer143

AJM1984 said:

uralmaid said:

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

It has a door at the top of the access (fixed) staircase but I don't really know what difference that makes, sadly. We do also wonder if she'll push us away and try to find a cash buyer or use one of those "We buy any house" things, but we still think she'll lose more than 5k doing that.

I think you will find with some time to go away and think she will be back at the negotiating table on Monday, assuming she doesn't lose her purchase. 
£5k is nothing in the scheme of things and now the agent is understanding the issue and explaining it to her, it comes across less that you just want money off, which is probably her first reaction.

AJM1984

housebuyer143 said:

AJM1984 said:

uralmaid said:

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

It has a door at the top of the access (fixed) staircase but I don't really know what difference that makes, sadly. We do also wonder if she'll push us away and try to find a cash buyer or use one of those "We buy any house" things, but we still think she'll lose more than 5k doing that.

I think you will find with some time to go away and think she will be back at the negotiating table on Monday, assuming she doesn't lose her purchase. 
£5k is nothing in the scheme of things and now the agent is understanding the issue and explaining it to her, it comes across less that you just want money off, which is probably her first reaction.

I really hope you're right!

GDB2222

AJM1984 said:

housebuyer143 said:

AJM1984 said:

uralmaid said:

It should definitely have building consent and also has to have fire doors at the bottom of the stairs. If not it does not meet requirements and is not a 3 bedroomed house. The estate agent needs to be stressing this to their vendor, otherwise any other sale where a mortgage is required would also end in failure.

It has a door at the top of the access (fixed) staircase but I don't really know what difference that makes, sadly. We do also wonder if she'll push us away and try to find a cash buyer or use one of those "We buy any house" things, but we still think she'll lose more than 5k doing that.

I think you will find with some time to go away and think she will be back at the negotiating table on Monday, assuming she doesn't lose her purchase. 
£5k is nothing in the scheme of things and now the agent is understanding the issue and explaining it to her, it comes across less that you just want money off, which is probably her first reaction.

I really hope you're right!

Try not to be the first to blink.