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Help Needed: Who Should Pay for Joist Replacement During Skylight Installation?

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Hi everyone,

I’m in a bit of a dilemma and could use some advice. We recently sold our house, and as part of the agreement, we (the sellers) are responsible for installing a skylight. Here’s the exact wording from our agreement:


“The Seller will arrange and pay for the installation of a skylight (of their sole choice) into the property and will provide the accompanying FENSA certificate and guarantee to the Buyer after Completion. The type of skylight, location of installation in the property, installation method, trades people used to install the skylight, will all be at the sole discretion of the Seller with no input from the Buyer. For the avoidance of doubt, should the skylight be unsatisfactory in any way, not be fit for purpose, any damage done to the property when the skylight is being installed, or should the skylight cause damage to the property, it will all be without recourse to the Seller in any way. The Buyer acknowledges that they would buy the property regardless of this clause (i.e., without the skylight), as they require to live there beyond this clause relating to a skylight and will provide all access to the property (day or night) that is needed by the Seller (and their trades people) to undertake the installation of the skylight and not obstruct the installation of the skylight in any way. This clause remains in full force and effect notwithstanding Completion.”


The builders have started the work and discovered that a main joist in the roof is rotten and needs replacing. The skylight can’t be installed without replacing this joist.

The buyer did a full survey before purchasing the house, and nothing was picked up about the joist.

Given the agreement and the situation, who should be responsible for the cost of replacing the joist? Should it be the seller (us) since it’s necessary for the skylight installation, or should the buyer cover it since it wasn’t identified in their survey?

Any insights or advice would be greatly appreciated!

Thanks in advance!

«1

Comments

  • Hoenir
    Hoenir Posts: 7,661 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 12 September 2024 at 1:57PM
    Looks like someone has played their Joker. Why on earth did you agree to the request at the outset ? 
  • The work was due to take place long before completion but someone in the chain put a lot of pressure on to bring the date forward by around a month, so we didn't have much choice. 
  • sheramber
    sheramber Posts: 22,350 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    If the  sale had not been brought forward then you would have been paying for it.
  • What an absurd clause to agree to! Buyer wants a skylight - buyer should install a skylight post completion.
    Having said that:
    should the skylight be unsatisfactory in any way, not be fit for purpose, any damage done to the property when the skylight is being installed, or should the skylight cause damage to the property, it will all be without recourse to the Seller in any way.

    so ignore the rotten joist and stick the skyight up by whatever bodge is needed. Buyer's problem to rectify....
  • anselld
    anselld Posts: 8,634 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What is the estimate to repair the joist.  Surely a single joist can be doubled up if necessary for structural integrity at absolutely minimal cost.
  • The presence of a rotten joist is incidental to the fact a skylight is being fitted - it will need replacing regardless of whether a skylight is being installed. It was simply - fortuitously - discovered during this arranged task. So it's the new owner's problem. Imo.

  • pinkshoes
    pinkshoes Posts: 20,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    "Dear buyer, 
    Whilst installing the skylight, it was discovered one of the roof joists is rotten that was not picked up on your survey. We can either:
    a) install the skylight as planned and leave the rotten beam in place,
    b) not install the skylight
    c) you (the buyer) pay £XXX (the cost of the roof joist replacement) so that the skylight can be fitted as planned. Please let us know how you'd like to proceed." 
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • WTrevstonbury_2 said:

    The Buyer acknowledges that they would buy the property regardless of this clause (i.e., without the skylight), as they require to live there beyond this clause relating to a skylight and will provide all access to the property (day or night) that is needed by the Seller (and their trades people) to undertake the installation of the skylight and not obstruct the installation of the skylight in any way.

    Unless I’m missing something that’s a cracking bit of negotiation from the buyer - why on earth did you agree to it ? 
  • I'm interested as to why you agreed to this too. 

    I bought this bungalow with a lantern in the extension,  and Storm Arwen blew the whole of the flat roof off.  When the lantern was removed during the reroof, it was cheap brittle plastic and I decided not to replace it. 

    As far as I'm concerned the room is light enough, but who knows what a viewer might think.
    £216 saved 24 October 2014

  • “The Seller will arrange and pay for the installation of a skylight (of their sole choice) into the property and will provide the accompanying FENSA certificate and guarantee to the Buyer after Completion. The type of skylight, location of installation in the property, installation method, trades people used to install the skylight, will all be at the sole discretion of the Seller with no input from the Buyer. For the avoidance of doubt, should the skylight be unsatisfactory in any way, not be fit for purpose, any damage done to the property when the skylight is being installed, or should the skylight cause damage to the property, it will all be without recourse to the Seller in any way. The Buyer acknowledges that they would buy the property regardless of this clause (i.e., without the skylight), as they require to live there beyond this clause relating to a skylight and will provide all access to the property (day or night) that is needed by the Seller (and their trades people) to undertake the installation of the skylight and not obstruct the installation of the skylight in any way. This clause remains in full force and effect notwithstanding Completion.”

    This clause is extremely odd. 

    The seller is obliged to pay for a skylight to be installed - potentially after completion.

    But the type of skylight, location and who does the installation - all up to the seller. So what if the seller chooses to have a tiny 6 inch round skylight installed in a daft location?
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