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Well, my suspicion is that they never provided a floorplan exactly because it doesn't feature the extension.
But I've viewed the property yes.
Some EAs use floorplanning software to generate their own, others sub-contract the work to others, sending a rough sketch to a third-party, and receiving a finished plan in return.
In the latter case, sometimes the EA offers the floorplan as a chargeable item when pricing the schedules; so if the seller wants to save £X and leave the floorplan out, they can do so.
So the decision to leave it out may have been the seller's, not the EA's ...0 -
But the hypothetical buyer will hopefully have regard to the advice given to them by their solicitor, who will tell them that it's unrealistic (and in many cases impossible) to expect full retrospective compliance with every alteration which has been carried out to a property.This sounds plausible to me.
Keep in mind, however, that a future buyer could like to have, given the amount of money involved, full formal compliance with law, not merely an informal reassurance that things are practically, even though not formally, ok.
Indeed, this is what I'd like to have, as the current buyer.
If anyone really thinks there is a risk then they can get indemnity insurance to cover the possibility of the council taking enforcement action. Which is dirt cheap, because the risk is minimal. Though not an option if you've already "tipped off" the council by contacting them about the issue.
It's informal practice. You have to draw a line somewhere. And if people as cautious as lawyers and mortgage lenders think that's a reasonable place to draw it then I'd go along with them.Is there any formal regulation about that 20 years rule? Or is not a rule, but just an informal practice?0 -
Thanks for the helpful advice everyone.
I think I'm going to walk away: the seller first hurried me into an offer by setting a closing date, and now I find out he hid to me this problem which, as a minimum, is a bit more complicated than my solicitor wish it would be. I don't trust the seller any longer, therefore I'm not confident about spending such an amount of money to buy from him.
I am wondering whether there is any way of preventing more buyer from falling into his trap: is there a way in which I can publicly communicate the problem he wants to hide? I was thinking of leaving leaflets around the property advertising the problem.0 -
Like I said originally, your solicitor's advice seems reasonable and it's really not a reason to walk away from the transaction. It's not much of a problem, it's certainly not a "trap", and distributing leaflets will just make you look like a nutter.Thanks for the helpful advice everyone.
I think I'm going to walk away: the seller first hurried me into an offer by setting a closing date, and now I find out he hid to me this problem which, as a minimum, is a bit more complicated than my solicitor wish it would be. I don't trust the seller any longer, therefore I'm not confident about spending such an amount of money to buy from him.
I am wondering whether there is any way of preventing more buyer from falling into his trap: is there a way in which I can publicly communicate the problem he wants to hide? I was thinking of leaving leaflets around the property advertising the problem.0 -
the seller first hurried me into an offer by setting a closing date
... which is standard practice in Scotland
, and now I find out he hid to me this problem ... I am wondering whether there is any way of preventing more buyer from falling into his trap: is there a way in which I can publicly communicate the problem he wants to hide? I was thinking of leaving leaflets around the property advertising the problem.
Saying what? That the seller is in the same position as hundreds, possibly thousands of others around the country, having completed changes to their property without full and proper paperwork?
"Around the property" - where? On street furniture? In neighbours' gardens? Through neighbours' letterboxes? Why would the neighbours care? There's little likelihood of them moving two doors down...0 -
Fife council can barely manage to process the warrant applications that are paid for, they're not going to be going out looking for work!
If you've got a letter of comfort that shows the vendor has attempted to address the issue, not sure why that wouldn't satisfy you for a 15 year old extension?
Closing dates happen in scotland as soon as two people are interested, it's absolutely normal and if you are ready to make an offer then it's hardly rushing you, you could easily have not made an offer!!0 -
Thanks for the helpful advice everyone.
I think I'm going to walk away: the seller first hurried me into an offer by setting a closing date, and now I find out he hid to me this problem which, as a minimum, is a bit more complicated than my solicitor wish it would be. I don't trust the seller any longer, therefore I'm not confident about spending such an amount of money to buy from him.
I am wondering whether there is any way of preventing more buyer from falling into his trap: is there a way in which I can publicly communicate the problem he wants to hide? I was thinking of leaving leaflets around the property advertising the problem.
I think you are overreacting. It's your decision whether to buy, but scattering leaflets is just a daft idea.(Nearly) dunroving0 -
Saying what? That the seller is in the same position as hundreds, possibly thousands of others around the country, having completed changes to their property without full and proper paperwork?
No, just saying that there is an irregularity and that the seller omitted to mention it to previous candidate buyers until the latter's solicitor found out.
This looks like misconduct to me. Maybe I'm missing something?0 -
Not sure what you mean by "omitted to mention it". Had the seller warranted that there hadn't been any alterations? Did they carry out the extension? Did the Home Report surveyor not mention it? How did your solicitor know that there had been an extension if they hadn't even visited the property?No, just saying that there is an irregularity and that the seller omitted to mention it to previous candidate buyers until the latter's solicitor found out.
This looks like misconduct to me. Maybe I'm missing something?0 -
While I would normally accept this characterisation of local authority employees, one turned up on my door within 4 hours of receiving a call about my house (as per my recent thread you kindly posted on). However, I agree that in the OP's case the local authority would likely have no cause to knock on his door.
OP, here is my opinion of what has likely happened.
Seller realised the lack of building consents might impede the sale of his house (maybe because the solicitor or surveyor flagged it up).
He looked into what he would need to do and found information on the letter of comfort process.
To satisfy himself there were no issues, he paid a structural engineer to inspect the extension and write the letter (albeit this is not the traditional letter of comfort, which would come from the local authority).
He didn't want to raise any flags with the local authority, as this might open a can of worms.
Typically, local authorities try to process letters of comfort quickly, especially if a house sale is contingent on it.
OP: An important consideration if the extension and possible lack of building consents is mentioned in the survey is whether your lender will be reluctant to lend on the property. With a letter of comfort, this is less likely, but still a possibility. You might also discuss with your solicitor the possibility of asking the seller to pay for indemnity insurance.No, just saying that there is an irregularity and that the seller omitted to mention it to previous candidate buyers until the latter's solicitor found out.
This looks like misconduct to me. Maybe I'm missing something?
As per my previous post (bold, above), the seller may have only become aware there was an issue as he progressed through the sale process.
I think it is worth giving him the benefit of the doubt, as there may not have been anything underhand. It is surprising how many homeowners, buyers and sellers are unaware of these things (take yourself, for instance). He may simply have not realised the importance of the issue rather than deliberately concealing things he knew were a problem.
Separate issue, but are you 100% sure the current owner was even responsible for building the extension (rather than a previous owner)?(Nearly) dunroving0
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