'Sold as seen' - what are my rights.

Scout1990

Good evening. 

We have had an offer accepted on a sold as seen property. We are currently waiting on the lenders valuation and then going to get a full survey done on the property. 

I understand that once we exchange contracts we accept any issues that the house may have. However on the lead upto that we are just trying to make sure the house has no hidden problems before we finally accept. 

We asked the estate agent to speak to the company which owns the house the other day as we wanted to see the property with the electricity, water and oil boiler on. The reply we got is they will not do that as they are not obligated to and the property is sold as seen, so no requirement to show us.

Is there any legal basis to say that we want to see the services on? 

youth_leader

I've never heard of sold as seen applying to a house, only a car/furniture. 

So none of the utilities are live, how will your surveyor manage? 

There is a website called moveiq, Phil Spencer, he has a marvellous 'second viewing' list.  He recommends before exchange you try the taps, the shower, flush the loo etc etc.  I got caught out here because all the floors were rotten - I thought the vendor was Covid nervous - she was nervous I'd ask 'the' question.  

user1977

Before you exchange contracts you have no "rights", it's all up for negotiation. Doesn't really matter whether it was marketed as "sold as seen" or not, it's much the same principle for any property. So no, they're not obligated to turn on the services for you, and you're not obligated to proceed with your purchase (or to keep to the same price).

powerful_Rogue

Scout1990 said:

Good evening. 

We have had an offer accepted on a sold as seen property. We are currently waiting on the lenders valuation and then going to get a full survey done on the property. 

I understand that once we exchange contracts we accept any issues that the house may have. However on the lead upto that we are just trying to make sure the house has no hidden problems before we finally accept. 

We asked the estate agent to speak to the company which owns the house the other day as we wanted to see the property with the electricity, water and oil boiler on. The reply we got is they will not do that as they are not obligated to and the property is sold as seen, so no requirement to show us.

Is there any legal basis to say that we want to see the services on? 

None what so ever.

DullGreyGuy

Scout1990 said:

Good evening. 

We have had an offer accepted on a sold as seen property. We are currently waiting on the lenders valuation and then going to get a full survey done on the property. 

I understand that once we exchange contracts we accept any issues that the house may have. However on the lead upto that we are just trying to make sure the house has no hidden problems before we finally accept. 

We asked the estate agent to speak to the company which owns the house the other day as we wanted to see the property with the electricity, water and oil boiler on. The reply we got is they will not do that as they are not obligated to and the property is sold as seen, so no requirement to show us.

Is there any legal basis to say that we want to see the services on? 

No, it's all a negotiation. This is the reason you spend all the monies on searches and surveys before exchanging contracts even though the seller could change their mind at any point. 

youth_leader said:

I've never heard of sold as seen applying to a house, only a car/furniture.  

Consumer Rights Act etc dont apply to the purchase of properties so, ignoring new builds, its when bought as seen applies the most strongly. 

eddddy

DullGreyGuy said:

Consumer Rights Act etc dont apply to the purchase of properties so, ignoring new builds, its when bought as seen applies the most strongly. 

Just to clarify - The Consumer Protection from Unfair Trading Regulations apply to all traders whatever they are selling - including houses.

So the regulations apply to Estate Agents, Property Developers and any other type of trader that sells houses as part of their business.

So those traders would be breaking the law if they made misleading statements to buyers, or fail to tell buyers any material information which might impact their decision to purchase. 


However, The Consumer Protection from Unfair Trading Regulations doesn't apply to private individuals -  i.e. an individual who is selling their house.

daveyjp

Your rights are to undertake as much due diligence as possible and your offer can reflect those findings.

Whilst services not being live is an issue, an electrician, heating engineer and plumber will be able to give an assessment of the age and condition of the installations and advise whether any urgent updating is required and likely cost.

TripleH

You can always get a survey on the heating and wiring and adjust your offer to reflect that work is required.

Check equivalent houses nearby to see if this house is 'under valued' or at a fair market rate.

I would expect it to be under valued if they are selling as seen.

lincroft1710

"Sold as seen" does imply there may be problems. Treat anything you are not allowed to see working as there being something wrong with it. Then you won't have any unpleasant surprises when you discover there is something wrong

Hoenir

Is the property a repossession or subject to probate? If so, then it's likely the seller will provide no warranties or undertakings. Onus is on you to satisfy yourselves prior to exchange or make a suitable contigency budget to address any issues post completion that may arise. 

FreeBear

lincroft1710 said:

"Sold as seen" does imply there may be problems. Treat anything you are not allowed to see working as there being something wrong with it. Then you won't have any unpleasant surprises when you discover there is something wrong

I recall seeing a house for sale where the particulars stated that the boiler was not working. A while later, the same house was in the news as a result of a major gas explosion.