problems need sorting before we can exchange !!

sjw101

We accepted an asking price offer on our house 4 weeks ago, everything was going well and we were all set to exchange contracts next week.

Our buyers solicitors have now raised several problems that we need to sort out. They are asking for certificates and garantees(sp?) for our windows and electrics which we don't have as they were all done in 1999 when we first purchased the house. They are also asking for a copy of the original planning permmission and planting schedule from when the house was built, and as this was in 1970 we obviouslty don't have them but they are refusing to take no for an answer

Any suggestions on how to overcome this we re not in any hurry to sell and the house has never really been on the market as such (these were the first to view before the property had been advertised) Thought of offering a small reduction in price as insurance against electrics and windows. However we know they are in a hurry to complete as they are relocating to the area and at the moment doing an over 100 mile commute twice a day. All this is very frustrating !!!

propertyguy7

sjw101 wrote: »

We accepted an asking price offer on our house 4 weeks ago, everything was going well and we were all set to exchange contracts next week.

Our buyers solicitors have now raised several problems that we need to sort out. They are asking for certificates and garantees(sp?) for our windows and electrics which we don't have as they were all done in 1999 when we first purchased the house. They are also asking for a copy of the original planning permmission and planting schedule from when the house was built, and as this was in 1970 we obviouslty don't have them but they are refusing to take no for an answer

Any suggestions on how to overcome this we re not in any hurry to sell and the house has never really been on the market as such (these were the first to view before the property had been advertised) Thought of offering a small reduction in price as insurance against electrics and windows. However we know they are in a hurry to complete as they are relocating to the area and at the moment doing an over 100 mile commute twice a day. All this is very frustrating !!!

Be carefull that they are not lining you up for a reduction. Usually when these sorts of things are brought up at the last minute it means they have an angle of some sorts. Ask your solicitor to offer indemnity insurance to the other sides solicitors for the planning permission from 1970. There is nothing you or your solicitor can do about obtaining it! The guarantees and certificates is tricky. As the windows are under 10 years old can you call the manufacturer to find out whether they are still covered. If they are then happy days get a copy. If not then its tough there is nothing you can supply, even if you wanted to. The electrics is easy. Get an electrical report, your estate agent could probably arrange it, it will cost about 100 + VAT. The electrician will give you a certificate, which will be good enough to satisfy the solicitors needs. The electrical report is the same reprt as the government stipulates for all rental properties, like the equivilant of a Gas Corgi!

Good luck!

chappers

Tell him bolloxxxx there is no provision for enforcement of planning permission after 4 years so that wouldn't be a problem and as for a planting schedule he is having alaugh..
With regards to the windows You could try to get agurantee from the installers but to be honest I'm not even sure when the FENSA registration came became compulsory so it may be irrelevant.
Again with the electrics, in 1999 there was no requirement for installation by registered installers and there is still no requirement for periodic testing so tell him to go swivel, tell him if he wants to pay for a PIR test he can do at his own expense be amazed if he gets a full PIR done for £100.

They are trying it on .

Obviously you don't want to lose your buyer, particularly in this climate, but I would call their bluff with a well worded letter from your solicitor.

Debt_Free_Chick

sjw101 wrote: »

Our buyers solicitors have now raised several problems that we need to sort out. They are asking for certificates and garantees(sp?) for our windows and electrics which we don't have as they were all done in 1999 when we first purchased the house.

I would reply "not applicable". It's almost certain that no "certificates" were required. My guess is that the buyer's solicitor is looking for the kind of building regs certificate that would be required to work done now, but almost certainly wasn't required for work done then.

They are also asking for a copy of the original planning permmission and planting schedule from when the house was built, and as this was in 1970

Tell them you don't have it and that their client (the buyer) should obtain the relevant documents from the local planning authority.

This is a classic example of a conveyancer using a "template" or pro-forma that would be suitable for work done "recently". However, they have failed to engage their brain and ask themselves if this rubbish is relevant to the property their client is buying. I only hope their client is paying a fixed fee and not an hourly rate, as they are wasting time & money <sigh>

sassybooboos

the windows certificate thing came up when i just sold my property and you don't need a fensa certificate unless they were put in from 2002 onwards.

i offered an indemnity insurance but my buyers didn't bother asking for it in the end.

so tell them to stop pratting about.

sounds like they are trying it on.

Doozergirl

Debt_Free_Chick wrote: »

I would reply "not applicable". It's almost certain that no "certificates" were required. My guess is that the buyer's solicitor is looking for the kind of building regs certificate that would be required to work done now, but almost certainly wasn't required for work done then.



Tell them you don't have it and that their client (the buyer) should obtain the relevant documents from the local planning authority.

This is a classic example of a conveyancer using a "template" or pro-forma that would be suitable for work done "recently". However, they have failed to engage their brain and ask themselves if this rubbish is relevant to the property their client is buying. I only hope their client is paying a fixed fee and not an hourly rate, as they are wasting time & money <sigh>

Could not have put it better. Each question is irrelevant IMO and your answers to those questions are exactly what I would put in reply of it were my house being sold.

baileysbattlebus

My sister DID pay for an electrical inspection about a year or so ago when she was selling her house.
It was an ex LA house and her buyers solicitor insisted. Hers was a FTB and was taking maximum mortgage and more or less wanted cast iron guarantees that there was nothing wrong with the property. The electrician who came out said the electrics were perfect, the house had been renovated about 15 years previously by the council, new electrics, windows, doors, bathroom, toilet etc.

I had never heard of this before, but it seems to be becoming more common.

Richard_Webster

There are lots of double glazing installations without guarantees and a lot of the guarantees aren't worth anything because the businesses are no longer trading so there is no reason to supply a guarantee. 1999 windows and electrics didn't need any certificates.

Providing a copy of a 1970 planning permission is usually just a case of paying the Council £20 or so for a copy and a lot cheaper than an indemnity policy.

Wanting to make sure a 1970s planting scheme has been complied with is silly. Production of the planning permission will probably show that there was only an obligation to maintain it for about 5 years so its contents are probably irrelevant.

The questions could be because:

1. Solicitor being silly; or
2. Buyer being neurotic - "Oh dear the electrics might not be safe..." (How do they the original house electrics are safe?);
3. Buyer cynically trying to find excuses for reducing price.

chappers

Richard_Webster wrote: »

1. Solicitor being silly; or
2. Buyer being neurotic - "Oh dear the electrics might not be safe..." (How do they the original house electrics are safe?);
3. Buyer cynically trying to find excuses for reducing price.

or possibly solicitor taking lenders hand book to the letter.

Now if your buyer decides to pull out because of lack of any documets then that is their choice and you may wish to then help them out in order to protect your sale.

personally speaking I would at this point just respond that the documents are not in your possesion and for the buyer to rely upon their own survey/research. especially as at least two of the documents they require were not legal requirements at the time of installation.

The planning documents are probably filed on the councils planning website, my council have included applications back until 1960.