Completion agreement post exchange (owner damaged property)

PURPLEREDHAT

Herzlos said:

PURPLEREDHAT said:

Herzlos said:

Surely his car insurance would be on the hook for the alternative accomodation whilst the house was made habitable? Though I think that's more likely to only cover the time you own the house and not any losses associated with delaying the house, but that'd be one for lawyers to figure out. 

In which case it's mostly the inconvenience you're looking at for buying a house that you can't move into immediately. 

The inconvenience and stress are huge but unless I take out a 'tort of negligence' claim I have to accept that loss because the exchange contract only holds the seller liable for the actual damage to the property. 
My house insurance policy does not include legal expenses and so I am trying to work out how to sort the detail of a completion agreement without getting myself into debt. I have had one quote so far for £6K - I am looking at other options but it's hard to find a lawyer with expertise in this area.

Yeah you're likely only going be able to get to the state the house was in before the crash. 

What is your ideal outcome here? Are you:

1. Hoping to get the house repaired by the seller, with their insurance funding alternative accomodation in the mean time

2. Hoping to buy the house and then have the sellers insurance pay for the repairs and funding alternative accomodation in the mean time
or
3. To unwind the deal, get your deposit back and find something else?

My ideal option would be to unwind the deal get my deposit back and find something else but the Conditions of Sale that sit with the English Exchange Contract (Law Society) don't allow this unless the seller agrees to it. Which he doesn't. Everything else is a compromise but I definitely want the house to retain it's value.

saajan_12

Herzlos said:

PURPLEREDHAT said:

Herzlos said:

Surely his car insurance would be on the hook for the alternative accomodation whilst the house was made habitable? Though I think that's more likely to only cover the time you own the house and not any losses associated with delaying the house, but that'd be one for lawyers to figure out. 

In which case it's mostly the inconvenience you're looking at for buying a house that you can't move into immediately. 

The inconvenience and stress are huge but unless I take out a 'tort of negligence' claim I have to accept that loss because the exchange contract only holds the seller liable for the actual damage to the property. 
My house insurance policy does not include legal expenses and so I am trying to work out how to sort the detail of a completion agreement without getting myself into debt. I have had one quote so far for £6K - I am looking at other options but it's hard to find a lawyer with expertise in this area.

Yeah you're likely only going be able to get to the state the house was in before the crash. 

What is your ideal outcome here? Are you:

1. Hoping to get the house repaired by the seller, with their insurance funding alternative accomodation in the mean time

2. Hoping to buy the house and then have the sellers insurance pay for the repairs and funding alternative accomodation in the mean time
or
3. To unwind the deal, get your deposit back and find something else?

With (2), OP doesn't directly have recourse to the seller's insurance - however surely that can be adapted to 
(2a) Hoping to buy the house and then have the buyer's insurance pay for the repairs and funding alternative accommodation in the mean time. Later aid the insurer in recovering money from the seller / seller's insurer. 

gazfocus

Bear in mind that as you have exchanged contracts already, you are legally bound to complete at the agreed completion date so completing at the end of the building works isn't really an option. 

As others have said, you really do need proper legal advice here and I'm really surprised your conveyancer is not helping. 

Personally (and I'm not a legal professional), I would be looking for your insurance company to make a claim to the sellers insurer for the costs of the repairs and alternative accommodation (much in the same way that you'd make a claim for repairs and a courtesy car if it was a car accident). You could, however, try speaking to the sellers insurer yourself and see what they say - I did this once with a car accident and got a resolution much quicker than going through my own insurer who seemed to be dragging their feet.