Convencaying lessons

pred02

Hi,

We are in the late stages of purchasing a semi-detached freehold property that requires full modernisation. We have already completed a Level 3 survey and a CCTV drainage survey. We have decided not to carry out an EICR or Gas Safe inspection, as we are assuming the property will require a full rewire and a new boiler as part of the renovation works.

Our solicitor has completed the standard searches and we have raised a number of additional enquiries. As this is a probate sale, the responses have been somewhat limited, but I believe we are now close to being in a position to proceed.

This is the second property I have purchased. The first time, I remember the solicitors spending a considerable amount of time going back and forth on points that, with hindsight, proved to be largely immaterial.

Given that, I wanted to ask: what are the key issues you would recommend ensuring are checked before exchange? In particular, what are the major risks or “big-ticket” items that could materially affect the property’s value, mortgageability, future saleability, or renovation plans?

My solicitor has also suggested that I send her the Level 3 survey. I’m not entirely sure what practical benefit this would provide from a legal perspective, so I would appreciate your view on whether this is worthwhile and, if so, what she should be looking for within the survey.

Many thanks

Section62

https://forums.moneysavingexpert.com/discussion/6671474/convencaying-lessons

Are you buying with a mortgage?

If not, then the only real benefit from the solicitor seeing the survey is if the surveyor has identified any issues which relate to the legal side (e.g. ownership/access etc), or condition-related items that you'd want dealt with prior to completion.

However, the solicitor may feel they have a professional duty to have sight of the survey in order to properly advise you. If they don't ask, and you subsequetly make a negligence claim, then it could be difficult for them to defend the claim.

You might be able to get round this by agreeing with them that you will give them specific instructions that you want no advice on the survey report and will not be giving them a copy. Although the time and effort involved in this is probably as much as them having a skim read of the report, so there may be nothing to be gained.

eddddy

If you're buying with a mortgage, typically your solicitor will also be representing your mortgage lender as well.

So your solicitor may want to do due diligence on behalf of the mortgage lender - i.e. checking it to see if there is anything in the survey that is a risk for the mortgage lender.

TBH some experienced (or reckless) buyers take a view on what problems they voluntarily tell their solicitor about. Because they'd rather buy the property and then resolve the problems in their own way in their own time, rather than have mortgage lenders impose conditions, or maybe even withdraw the mortgage offer.

But if your solicitor knows you've had a survey, I guess they might be suspicious if you refuse to provide a copy.

user1977

If you need advice (and aren't even sure what you ought to get advice on), and you're already paying your solicitor to give you advice, it would seem odd for you to insist that they don't advise you about certain things.

What do you think might be missing? As standard your solicitor will/should be pointing out anything adverse or unusual in the titles or search results about the extent of the property, rights, restrictions etc. You already know that a probate property means the sellers can't tell you much about useful information which died with the owner.

What sort of "renovation plans" do you want advice on? The solicitor (and surveyor) will be focusing on the current property, not e.g. suitability for building an extension or converting the loft.

Bigphil1474

Our surveyor sent our solicitor a report directly, basically a summary document of his full report. Our solicitor then spent weeks chasing up paperwork we were already provided with, or kept chasing it even after we'd had it provided.

The house had 3 different structural alterations which we got PP and BC docs for straight away. Solicitor kept chasing the BC sign off for one of the extensions. Had it 3 times in the end. I even had access to this through work. Had to tell our solicitor to give it a rest in the end.

The electrics - they asked for an inspection which was done by the vendors, some minor works were undertaken. Ended up with all this twice. Tbf, we weren't gonna ask the vendors to get the electrics checked, so it saved us a few quid. The gas safe stuff was also provided 3 times.

They also got a bit fixated on a couple of covenants that really didn't bother us. One was to do with the church collecting money, and the other was about getting permission to extend the property from the original builders who ceased to exist 30 years ago.

If I was doing it again, I would have told them exactly what from the report we wanted chasing and what we weren't interested in given our plans.

Yorkie1

They also got a bit fixated on a couple of covenants that really didn't bother us. One was to do with the church collecting money,

This is likely to have been chancel repair liability. Although a decreasing and unusual issue, there have been a couple of notable cases where the property owner was liable for a LOT of money. To be fair, insurance is available though.

https://en.wikipedia.org/wiki/Chancel_repair_liability