Problem in my property just before sale

Tyler_Durden_UK

My house has sold, contracts have been signed, but not exchanged. A completion date of just over a week away has been agreed on by all but one party in the chain. In the recent storm and heavy rains my conservatory has leaked from the roof. A number of years ago it leaked in a different area and to a much lesser extent, this was fixed by my dad (a retired builder) and it has been fine ever since. 
My buyers have had a survey done with no issues reported from that survey 

eddddy

I guess that the 'nice' thing to do would be to get the leak fixed.  Then you can choose to tell the buyer that a leak appeared, and you've had it fixed - or you can choose to say nothing.

Alternatively, you can leave the roof leak as it is, and say nothing.

I guess there's the possibility that the buyers might ask for another viewing before exchange, and it might be raining that day and/or they might notice evidence of the leak. Then that might result in extra negotiation and delays.

elsien

it wouldn’t sit right with me to say nothing and let them find out the next time it rains.

Chief_of_Staffy

You carry on and say nothing but after completion you leave a note saying, "I just saw the conservatory has leaked in the recent rains so if you want to get quotes I'm happy to pay for the work."

You won't get it fixed inside a week and it would be masochistic to risk the sale over 'doing the right thing'. But it's up to you.

Albermarle

A leak in a conservatory roof is not really a major issue, so I would keep quiet at least until you have exchanged.
Up to you then if you mention it to the buyers before completion.

eddddy

Chief_of_Staffy said:

You carry on and say nothing but after completion you leave a note saying, "I just saw the conservatory has leaked in the recent rains so if you want to get quotes I'm happy to pay for the work."

But the buyer might go to lots of 'high-end' conservatory companies who want to turn it into a big job - e.g. replacing the roof.

Whereas the OP's Dad (the retired builder) might just replace some failed sealant.

Chief_of_Staffy

eddddy said:

Chief_of_Staffy said:

You carry on and say nothing but after completion you leave a note saying, "I just saw the conservatory has leaked in the recent rains so if you want to get quotes I'm happy to pay for the work."

But the buyer might go to lots of 'high-end' conservatory companies who want to turn it into a big job - e.g. replacing the roof.

Whereas the OP's Dad (the retired builder) might just replace some failed sealant.

Well if he can have his Dad to patch it up then that's job done. True, he shouldn't commit himself to some open-ended cost, but he can always limit his voluntary liability along the lines of "contribute to the cost up to £x on production of three quotes". That would likely be the route I'd go down if I felt well disposed towards the buyer. Because if it really is in need of a new roof as opposed to a new pane of glass then it's the buyer's responsibility to ascertain that.

pinkshoes

I would get your dad to look at it.

Given the severity of the storms recently then lots of people had water ingress. The combination of driving rain and very strong wind even caused water to come through our sliding patio door! My best mate had water though her extention roof! 

If your dad takes a look to make sure it was just a bit of a freak thing rather than anything structural, or if he does fine anything them get it fixed then let them know.

Tyler_Durden_UK

Thanks all, I'm torn between not saying anything (not the most honest thing) but worried about any legal comeback after the sale, letting my dad have a look and see what he thinks / can do, or contact my insurance company and get them to fix it, but the timescales don't really lend themselves to it being done before the sale completes

user1977

Tyler_Durden_UK said:

or contact my insurance company and get them to fix it

Is it an insured risk? I wouldn't expect it to be unless it's actually damage sustained during (what the insurers call) a storm. If it's just a defect which has come to light due to heavy rain, that's unlikely to be insured.

eddddy

Tyler_Durden_UK said:

... or contact my insurance company and get them to fix it, 

Would that be economic? There'll be an excess to pay, plus increased insurance premiums for the next few years - as you'd have to declare the claim to the insurers of your new house.

...And might your insurer say that the leak is due to the age of the roof and/or wear and tear - and therefore refuse the claim?  You mentioned a previous leak, so it sounds like the roof might not be in good condition.



And if you contact the insurer, it will probably be recorded as "an incident which might or might not give rise to a claim" - even if you don't actually claim, or if you claim and the claim is refused. And that might result in higher premiums in future years.

So maybe don't contact your insurers unless you are pretty sure you want to claim, and you think it's likely that the damage is covered by your policy.